Our Orlando Injury Lawyers Explain Your Court Case from Beginning to End
Part 6: How to Collect Money After a Lawsuit or Judgment
The following is part six in our six-part series outlining a basic personal injury case from beginning to end. Previously we covered:
- Part 1: Meeting With an Attorney for the First Time: What You Can Expect?
- Part 2: Beginning the Lawsuit through Initial Court Papers
- Part 3: What is Discovery?
- Part 4: Court Motions
- Part 5: What Happens at Trial?
This month will discuss the Judgment and how it is collected.
After Judgment – Collecting Money
If you win a lawsuit for money, the Court will enter a judgment. The Court’s judgment states the amount of money the losing party must pay to you. The losing party against whom the judgment is entered is called the judgment debtor.
In cases where there is insurance to pay the judgment, the insurance company will pay the judgment and the judgment is then considered satisfied. If the insurance company insuring the judgment debtor does not satisfy the judgment and the insurance company was not a named party in the lawsuit, the Florida Statutes allow the insurance company to be added to the judgment. The Florida Statutes provide specific steps to follow to collect the judgment against the insurance company.
In cases where there is insufficient or no insurance to pay the judgment and if the judgment debtor does not pay, you can have the sheriff seize the judgment debtor’s property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell the property and pay you out of the money received from the sale. This process is known as execution. There are several steps that you must take to properly execute and levy on a judgment. These steps may be downloaded from www.sunbiz.org. (In the “Our Site Index” box, scroll down to Judgment Lien Help.)
Note: This material is provided for informational purposes only and should not be taken as formal legal advice.
For more information, contact our Orlando injury attorneys. We offer free consultations so you can explore your legal rights with no obligations. Our firm opened nearly 50 years ago to help those injured or affected by negligence and injustice. Call 1-800-235-7060 today to find out how we can help you and your family recover from a catastrophic accident or a loved one’s passing.