How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

We sue 3 company and 3 individual and last year have a judgement

Resolved Question:

We sue 3 company and 3 individual and last year have a judgement which against only a shell company (admit by defendants testimony) and in the judgement judge write a note as one of individual caused breach contract with business tactic but is insufficient to justify the award of exemplary damages, or pierce the corporate veil. Other defendants are not guilty, because one was created just one day after contract breach; and the other was not listed on the PO, its was another company of same person. Could you please advise how we can collect? Thanks
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
Hi,

Thank you for your question.

Collecting on a judgment can be a difficult procedure, but it is not impossible. The first thing that needs to be done is to locate the assets of the company against whom you have a judgment.

This can be done by making a motion to the court in which you obtained the judgment to allow post-judgment discovery. In the discovery requests, you ask the company for the location and account numbers for their bank accounts and the location and value of all their assets.

Another way to identify assets of the company is to hire a private investigator to do a "skip trace" and "asset location search" to find out if there are any bank accounts or personal/real property belonging to the company which you could seize.

After you obtain this information, you have to get a "writ of execution" from the court that states that the company's asset that you have identified can be seized to satisfy the judgment. Once the court issues the writ, it is sent to the sheriff/constable's office for execution. The sheriff/constable goes with the document to where the asset is located and then seizes it. If it is a peace of personal or real property, the asset is then put up for sale at a public auction. You would then get the money from the sale of the asset. If the asset is a bank account, you simply get the money from the bank account.

Please let me know if you wish to discuss this matter further.

-ZDN
Customer: replied 2 years ago.
As i tried to explain there are 3 companies and individuals. the judgement is against a shell company but your answer is for standart procedure. thanks i am not looking for that, we need to add other companies or individuals to the judgement, how to do it.
Expert:  TexLaw replied 2 years ago.
Thank you for your response. Unfortunately, you cannot add other companies or individuals to a judgment. You stated that the court did not find that you can "pierce the corporate veil" and did not find liability against any of the other defendants or individuals that you sued. That means that you cannot make them liable under the judgment. A judgment ONLY applies to the person it is against.

If you sued the other parties and lost, then they are not liable on the judgment you have.

-ZDN
Customer: replied 2 years ago.

Thank you for your response, of course you need to see the documents first to understand it better but the liable company assets sold to one of the defandants and we also executed garnishment against that company. But it is also a shell company, what we need to find out who has the assets right now. may be proceding supplimentary is what we need. can you also explain what is it?

Expert:  TexLaw replied 2 years ago.

Since the judgment is against a holding company, what needs to be done is post judgmnet discovery Florida Rule of Civil Procedure 1.560. You need to motion the court to allow this discovery, and attach to the motion the following interrogatories and requests for production:

 

1. Produce all bank account statements for the past five years

2. Produce all documents showing interests or memberships in any business entity, subsidiary, or affiliate that the ocmpany has held over the past five years.

3. Produce a copy of all documents showing any interest in real estate or business personal property that the company has held in the past 5 years.

4. Produce a copy of all financing statements and profit and loss statements for the past five years.

5. State any transfers of any money, interest, real estate, and

/or property that the company has made in the past five years.

6. State any and all payments made by the company in the past five years.

7. List all assets and identify their location.

8. State all bank accounts by stating the bank, the account number, and the current balance.

9. List all of your stockholders and/or members and provide their most recent contact information.

 

After you obtain this information you will have a much clearer picture of the corporation's assets so that you can seize them. If there has been a transfer during the course of your litigation, it may qualify for reversal under the Florida Fraudulent Transfer Act, which can be located at: http://law.justia.com/codes/florida/2005/TitleXLI/ch0726.html

 

-ZDN

Customer: replied 2 years ago.
than yuo for your answers, can you advise any attorney in florida to negotiate terms to start collection for us?
Expert:  TexLaw replied 2 years ago.
Hi,

Unfortunately, we cannot make recommendations regarding attorneys. You would be best to select a commercial or collections attorney that you find that has a good reputation.

You can consult either the Florida State Bar association or www.martindale.com for a list of attorneys specializing in collections.

-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 20 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TexLaw
TexLaw
Attorney
2718 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs