QUESTION
Is there any legal recourse that can be taken if the defendant refuses to send in the court ordered fact sheet after they lose in small claims court?
Asked on Nov 25th, 2014 on Business Law - Florida
More details to this question:
My husband sued an employee in small claims court in florida for moneys that was due to our company by them. We won the court hearing and the judge ordered the employee to fill out a fact sheet and send it in within 45 days so we have the info we need to garnish wages, put liens on property etc. Well she never sent in the fact sheet. My husband went to the court to tell them she was noncompliant with the court order and basically nothing happened. They just said we could ask for another hearing or try to garnish the wages with any info we find ourselves. So what is the point of even taking someone to court if even after you win, they can ignore the court order to supply documentation and nothing happens?? Isnt that contempt of court?? Martha
1 ANSWER
While I do not practice in Florida, in the jurisdictions in which I practice, if a person doesn't comply with a court order, you make a motion to hold them in contempt of court, which could involve a fine or even incarceration. If the person continues to be recalcitrant it can take time and be a big hassle, but eventually they will be forced to comply. I can't imagine that Florida courts don't have the same enforcement mechanisms, although it is possilble that the small claims court doesn't have those power and you might have to bring an action in a court of general jurisdiction. You could also hire a collection agency or attorney, which would try to collect on the judgment in exchange for a percentage of the recovery.
Answered on Nov 25th, 2014 at 1:58 PM