Miami, FL asked in Consumer Law, Civil Litigation and Small Claims for Florida

Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

The owner of an auto repair shop I just won a $6000 small claims suit against want me to get a lawyer to arrange the payment. Can she make me do that? Do I have to do that? Do I have to get a lawyer? Do I have to take her to court again?

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Can she make me do that? No. Do I have to do that? No. Do I have to get a lawyer? No.

Do I have to take her to court again? Only if she fails to pay the judgment, in which case you may execute on the judgment by garnishing the business's bank account (basically, you can get a court order directed to the bank). If you don't have the business's bank account info, you can demand that the defendant complete a Fact Information Sheet (which the Court can provide), and upon failure to comply, you may request the Court to order compliance. Costs and attorney's fees, if any, spent on executing on the judgment are generally awardable.

Jane Kim and Terrence H Thorgaard agree with this answer

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Naples, FL
  • Licensed in Florida

A: To add to Mr. Baron's response, collections is considered an ancillary lawsuit to the underlying lawsuit. If the party does not pay on the judgment, you will have to return to court to enforce it. Don't forget to record your judgment.

Good luck.

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