Q: I am an elderly woman who has a civil judgement against an individual for non-payment of a personal loan.
What forms for a writ of garnishment against his wages will I be required to file. On line forms for Escambia County don't really tell me anything. I do have a civil judgement against him but the judge did not address repayment. The man refused to make any attempt at repayment and I did file a statement of debt with the state. I am now seriously ill and wish to address this situation before it becomes a part of my estate and my daughter is forced to deal with this. I only need to find out A,B,C steps to download the forms and file them. This loan was for $10,000 which is more than small claims would address. Any assistance would be most welcome.
A: The process for collecting a judgment is called execution. Garnishment is one such method of execution. If you have the judgment, you simply continue filing documents in the same case, and the first step is to have the debtor complete a Form 1.977 Fact Information Sheet (see the forms at the end of the Florida Rules of Civil Procedure). That can be sent to the debtor with a demand he complete it within 30 days. Assuming he completes it and sends it back to you, it should have the name or identity of his employer or bank. You could also depose the man to find out more about his assets. You then proceed with a writ of garnishment (Form 1.907) against that employer or bank (a third party who has possession of the assets of the debtor). The bank/employer is the one who sends you the monthly payment to satisfy the judgment. There are a number of steps involved in this process, and further steps you must take if the debtor is hiding or non-compliant (such as a motion for contempt and/or writ of bodily attachment). I would be pleased to discuss this matter further with you if you have further questions. 202-713-5292
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