Q: I have a judgement against a person that I lent money to (over $10,000). I don’t know how to collect.
I paid an attorney to handle this case. He obtained the judgement then told me that he couldn’t find her, even though she had attempted to see him. He admitted this to me, then later changed his story.
After I received the judgement, he told me that I was on my own as far as collection. I paid him over $1200. for his service. I was taken advantage of twice. I have no Idea of what to do next. I have been told that she has, since, moved again and I, now, do not know where she is.
A: Your judgment is good for 20 years. Apparently your agreement with him was to.obtain the judgment, which he did. You weren't taken advantage of, and there's nothing anyone can do to force someone to voluntarily pay a judgment. In fact, all your debtor has to do is file bankruptcy and have her debts discharged, and you will never be able to collect from her.
Bruce Alexander Minnick agrees with this answer
A:
I have a suspicion that you will not like my advice, but here it is anyway:
1. There are many very experienced lawyers in Florida who know how to enforce judgments.
2. Most of them work on a contingency basis, usually taking 40% of the net proceeds received (after costs are paid).
3. However, most experienced collections lawyers will not be interested because they will not make enough money.
4. That is the reason why your lawyer did not want to go forward and try to collect the $10,000 judgement.
5. As noted by Mr. Kaufman, your judgment is good for 20 years and is earning a handsome interest rate every year.
6. So: Some judgment creditors (you) can see the wisdom in paying an experienced lawyer a reasonable amount to investigate your situation, locate the judgment debtor, locate all the assets owned by the judgment debtor and then advise you of your collection options.
7. I have advised many smart judgment creditors in similar situations in return for a very reasonable fee.
8. If you need more information contact me using the Find a Lawyer tab.
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.
