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Have a judgement for $3000. Have certified copy of judgement and it is recorded with the county. I have defendant's bank info and want to obtain a bank levy. The gobbeldy gook of paperwork I received from the sheriff makes me wonder how anyone collects. I need some guidance as to what form I need to file and present to the sheriff for collection. One collection agency wanted 40%. Me thinks that's a little greedy for what I need.
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Commercial Litigation Attorney serving St. Petersburg, FL
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Law Office of Guy P. Coburn
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Collecting is Small Claims is a challenge. If you want to go after the judgment debtor's bank account, then you must GARNISH the account, not levy. The Sheriff is not involved. A levy with the Sheriff can only go after "goods and chattels, lands and tenaments, equities of redemption in real and personal property and stock in corporations."So, go back to the Clerk and ask for the forms needed to garnish a bank account. However, if the judgment debtor is a "head of family," meaning that he or she provides more than 50% of the support for a child or other dependent, or for a married couple, is the primary decision maker for the family, then Fla. Stat. §222.11 grants an exemption from garnishment.There is a little known trick in the Small Claims Rules called a "Hearing in Aid of Execution." See Rule 7.221. It can NOT be used by attorneys. The Judge is supposed to require the judgment debtor fill out the "Fact Information Sheet," and then require the judgment debtor to appear before the Judge to answer questions about the debtor's assets. This may help you find out how to get paid. That may be your best option.
Answered on Mar 28th, 2016 at 8:55 AM