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Thelawman2
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Under FL Small Claims Court law, where a Plaintiff sues an

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Under FL Small Claims Court law, where a Plaintiff sues an individual in a non-injury auto collision, and wins a Judgment from the SC Court for damages, what is the next steps to getting paid, when the defendant has full coverage auto insurance? Should also note USAA was the insurance company who used their own attorneys to defend their insured, to no avail; so is a separate procedure needed to get the insurance company to pay up?

Thelawman2 :

You would contact the individual and ask them to pay, it is their responsibility to contact the insurance to pay the amount. If the individual does not agree to pay (which shouldn't be a problem because they will have the insurance company pay), then you need to contact the local sheriff to place a levy on the individual's property. To do so, you locate the person's personal property and then go to the clerk of the courts and have them issue a writ of execution (this tells the sheriff what to seize). The sheriff will then seize the property and it will be sold at public auction.

Customer:

The vehicle which caused the accident is a new van, bought on loan no doubt, which was fixed. It's value is many times the $1800 of FInal Judgment Plaintiff was awarded; so is there not a defense they can make to a disproportunate levy? I don't think they have anything else worth pursuing.

Thelawman2 :

You can also ask to have the individuals wages garnished.

Thelawman2 :

However, I would first ask the individual to have their insurance company pay. That will be the path of least resistance

Customer:

Thanks.

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