Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. With regard to your borrower, since he will not pay you voluntarily, you'll have to file suit against him. Furthermore, if you can produce evidence that this is a pattern with him, you can add a claim of fraud in addition to breach of contract
, which will entitle you not only to your actual damages, but also to punitive damages
. Also, it gives you the option of contacting the district attorney's office and pursuing criminal charges based on fraud due to his intent to never repay you when he obtained the money. Because the amount involved is in excess of Florida's small claim court limit ($5,000), you'll need to file this in state district court
. Filing the suit will get you the collection options and leverage you seek because once the suit is filed and a judgment awarded, you become a judgment creditor
, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.
With regard to the lawsuit against you, this is something that should be turned over to your automobile insurance
company. Under your auto policy
, your insurance company is obligated to provide legal representation
to you in any suit against you involving an automobile accident
. This is the case whether or not you are at fault.
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