Expert: Morgan Smith - 2/11/2008

Question
Hello again, Morgan.

As a follow-up, I obtained a Certified Copy of my Judgment Letter. I then took that to the Recordings department and, for a nominal fee, filed the certified version which then became a Lien against the Defendant; a few days later, I confirmed it was posted. As I understand it, the lien is; public information via a free records search; remain on their records for 20 years; be picked up by credit bureaus such as Equifax; won't change status until I confirm to the court that it was satisfied. I am excited about these facts.

As a reminder, I sued and won against the Defendant's company - not the owner personally. As I understand it, that is the best scenario for my case, in regard to pursuing a levy, since some personal property is protected from levy.

However, my follow-up questions are:
1. I now wish to garnish funds from the Defendant. I have two of my checks that were used to pay them. On the back of both checks is the bank name and account number of the Defendant from their deposit activity. What are the next steps I must take to garnish my judgment from their bank account?

2. May I include other associated expenses such as purchase a Certified Copy, Lien Filing, Sheriff fees, courthouse parking fees, etc? Yes, I have receipts.

3. While I am seemingly past this point, I did find a Florida statue (Rule 7.221) in regard to Hearing In Aid of Execution. Basically, I have the option to have the Judge bring the Judgement Debtor (Defendant) into the courtroom and reveal their earnings, financial status, assets - all under oath. Very cool and good for other to know. Assuming you are familiar with this Aid of Execution, is it a viable option for me at this point?

Thanks a million for your valued feedback.

Answer
Answer:
Hello again West.

Depending on specific state rules, the next step to collect funds from the accounts you know about, and possibly others is likely a follow-up hearing.  This hearing will be of special nature, and will include a compulsory command from the court for the judgment debtor to disclose assets, including accounts.  In my state they call it an “Affidavit of Identification”, but the semantics matter little.  At the conclusion of that process, you will probably be handed a writ, basically a court order to take funds, and the sheriff can use that at the bank to grab your debtor’s money and pay you.

It is always a good idea to request compensation for expenses, although they are sometimes discretionary.  The judge may grant you some or all of them if you ask, but none if you do not.  Usually, you get court costs, and the sheriff’s fees, but not parking.

Your “hearing in aid of execution” sounds like your state’s version of my state’s “affidavit of identification”, same process, same objectives.

I wish you luck and speed in satisfying your judgment.



Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz/