Q: How do I collect on a judgment ordered by a judge for the defendant to pay?
I filed a small claims suit against a person renting a room in my home that did not pay me. On November 30, 2017, we went to mediation and defendant agreed to start paying $150 a month to start on January 15, 2018. The defendant defaulted on the agreement and I filed an affidavit on January 16, 2018, stating he has not complied and a judgment was granted on January 23, 2018, against the defendant to pay me the principal amount plus interest. Now, what do I need to do to get defendant in front of the Judge so that I can now ask that his wages be garnished? This is in Charlotte County FL and I can't get any questions answered from the Judges' secretary or the Clerks of the Court. They all refer me to get a lawyer. I'm 57 yrs old and am unemployed if I needed a lawyer to help answer a few questions I would have hired one, to begin with. The judgment is for $1800 plus interest and I really need this money. Thank You for your time.
To be clear, a judgment is not an order to pay. Its an order establishing someone owes another money.
Judges, clerks, and judicial assistants cannot give legal advice. This is why the refer you to attorneys. Garnishment is a technical and tedious process with many, many pitfalls. It also costs a few hundred dollars. It is not instituted by going in front of a judge.
You can find garnishment processes at Chapter 77, Florida Statutes. Welcome to being a judgment creditor. The most difficult part is getting paid in real money. Hope this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.