Q: My attorney thinks my case is waste of time? Should be realistic of outcome???
Judgement in my favor a year n half ago but taxi company didnt have insurance and untouchable in florida?
If you doubt your attorney's explanation regarding why the company you have a judgment against is uncollectible, seek a second opinion from another attorney by showing all of the documentation that your attorney obtained to make that determination. To reach that conclusion, your attorney would need to conduct an investigation into the company's assets, probably using a private eye. You would have to pay up front for that investigation, unless your retainer agreement says otherwise.
It is bizarre that a taxi company would be uninsured. My guess is that this would be a violation of County regulations that would provide for suspension of operation rights if not complied with. You could inquire about that at your County Hall.
A: If there is no insurance, it becomes very difficult to collect a judgment. It sounds like the taxi company had very little if any assets to satisfy a judgment. A Motion for Proceedings Supplemental can be filed to see what assets the company might have to satisfy a judgment. If there are assets or money that the company has, the court could ordered them seized or attached to satisfy a judgment. The taxicab company could be a corporation with little or no assets and it could be hard to pierce the corporate veil to go after individual owners. Most attorneys will not take a case if there is no insurance to satisfy a judgment and they have to try to discover assets to satisfy a judgment. Clients get upset because nothing is being paid and often begin to blame the attorney. The company could have other creditors that are secured and if they file bankruptcy, it is likely as an unsecured creditor, the claim would be last in priority to be paid. The company could lose its license to operate without insurance, but some of these companies are self-insured and difficult to collect from.
A: If the Florida Judgment is for a significant amount of money you might be able to sell it to a collection agency or any other kind of collection organization that accepts this kind of work. Be mindful that the face value of your Judgment is not the measure of its sale value; shop around to get the best offer.
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