Port Charlotte, FL asked in Small Claims for Florida

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.

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1 Lawyer Answer
Alex McClure
Alex McClure
Answered
  • Lake Mary, FL
  • Licensed in Florida

A: 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.

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