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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 39490
Experience:  30 years in civil, probate, real estate, elder law
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I am trying to understand judicial terms from a final

Customer Question

I am trying to understand judicial terms from a final judgement
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Can you tell me what words or phrases you have questions about, be happy to respond.

Customer: replied 1 year ago.
Adjudged that Plaintiff is hereby awarded the total sum of $9,385.00 from the Defendant, which includes damages and costs, for all of which let execution issue. Post-judgement interest shall accrue at the statutory rate of 4.75%. What does "let execution issue" mean exactly and when and how does the post judgement interest apply? I am a landlord and I evicted old tenants and this was the final judgement of my case, but I am not at all clear on the results.
Expert:  Ray replied 1 year ago.

So you got a judgment for $9,385 at 4.75% interest per anum until paid.

You can return here and seek to do a debtor examination.You serve the tenant, if they do not show the court issues a pick up warrant , sheriff picks them up and holds them until they can have a hearing.You can ask them under oath their bank accounts and other assets.If you find any here you can execute on them.

Give me your state I can get you more information about how to do this.

Customer: replied 1 year ago.
Jacksonville, Florida
Customer: replied 1 year ago.
I don't understand, what is per anum?
Expert:  Ray replied 1 year ago.

The interest adds on yearly, this is a yearly rate here.

Here is how you collect here.

http://www.clerk.co.okeechobee.fl.us/PDF%20Files/How%20To%20Collect%20a%20Judgment%20In%20Florida.pdf

Make sure you get the judgment lien certificate as they set out above.

Customer: replied 1 year ago.
does this mean this is not actually a "final" judgement? Does this mean that I will still be awaiting another trial from the tenants response for not showing up for the last hearing?
Expert:  Ray replied 1 year ago.

Collecting a judgment is usually referred to legally the “execution” of a judgment.

Expert:  Ray replied 1 year ago.

Some of this may be redundant..

http://oncoreweb.srccol.com/srccol/onlineforms/CountyCivil/HowtoCollectaJudgmentinFloridaUndertheNewJudgmentLienLaw.pdf

Thanks again and good luck collecting what you are owed.

Customer: replied 1 year ago.
Could you possibly dumb it down as simple as you can so that I can come to some terms that I understand.
Expert:  Ray replied 1 year ago.

You can do a debtors exam, thats where you serve them and force them to come to court and testify about assets.

Your first step is the judgment lien certificate.You get this from the clerk here, it puts lien o n any real property recording the judgment.

You can then seek to force the sheriff to take his nonexempt personal property if he has any and sell it.

Expert:  Ray replied 1 year ago.

Here you can get the certificate and then do the debtors exam to see what they got that you can then seek to have sold.This reference above walks you through this here.It is also very possible f they buy any real estate or inherit it then your judgment liens it.

I hope that simplifies this as best I can here.

Customer: replied 1 year ago.
can you explain the interest part? what is anum?
Customer: replied 1 year ago.
I am unable to open the link
Expert:  Ray replied 1 year ago.

What steps do I have to take?

Step 1.

Once you get your judgment, you should first obtain a judgment lien by recording a Judgment

Lien Certificate with the Department of State. This is not always crucial, but it is a very good idea. We will explain

below why it is a good idea and how you do it.

Step 2.

In order to get the sheriff to levy upon (to seize) the judgment debtor’s property, you must first

locate the property. The sheriff won’t do this for you. Remember that there are many kinds of property the sheriff

can seize. Land and buildings are called real property.Movable things like cars, boats,

furniture, and jewelry are called personal property.

There are some kinds of property the sheriff cannot levy on. The main kind of property the sheriff cannot

seize is a person’s home. A person’s homestead is exempt

from execution. The judgment debtor may also select personal property worth up to $1,000.00

and one motor vehicle worth up to $1,000.00

is exempt property. Only people have exemptions. If your judgment is against a corporation or against a partnership, the sheriff can seize all of its property. Of course, the sheriff can only levy

on property the judgment debtor truly owns-not property owned

by somebody else, such as leased property.

Step 3.

Once you have located the property

the sheriff can seize, you take your judgment to the Clerk of

Court that issued the judgment and ask for a

document called a“Writ of Execution”. This tells the sheriff to seize

property of the judgment debtor to satisfy your judgment. You then deliver the writ to the sheriff’s office in the

county in which the property is located. You must also give the sheriff written instructions, called“Instructions for

Levy”. These instructions describe the property, and tell the sheriff where it is located. The sheriff will require you

to deposit some money to pay the sheriff’s fees and cost. You will get your deposit ba

ck if the execution is successful.

Step 4.

Before the property can be sold, you have to check the Department of State’s internet website at

www.sunbiz.org to see if there are any judgment liens filed

under the name of the Judgment Debtor. You must also

check for creditors who have filed UCC security interest in the name of the Judgment Debtor at

www.floridaucc.com

. You must notify all of these people of the time and place of the sale. You then give the sheriff

a signed affidavit, on which you provide the information contained in all the judgment lien certificates filed against

the Judgment Debtor.

Step 5.

Once the notices have been sent, the sale must be properly advertised in

a local newspaper. Then at the designated time and place, the sheriff will sell the property at a public auction. You can bid

at the auction if you want to. The highest bidder for cash in hand pays the price to the sheriff and becomes the owner of the property.

Step 6.

The sheriff will pay out the money received from the sale in this order: First, the sheriff pays the

sheriff’s cost, and if the sale price covers this cost

, you will get your deposit back. Second, the sheriff pays you$500for your costs (whether you spent that much or not). Third, if somebody obtained a Judgment Lien before you did,

the sheriff pays that person before paying you. If others have filed before you, the sheriff pays everybody in the

order of filing. If the sheriff runs out of money before getting to you, you get nothing more. This explains why it is

such good idea to obtain a judgment lien as soon as possible. If no judgment liens have ever been filed, the sheriff

will pay you first and anything left over will go back to the judgment

debtor. But it’s still a good idea to file as soon

as possible. If you don’t, there is always a good chance that somebody might file during the execution process and

come in ahead of you.

Expert:  Ray replied 1 year ago.

Step by step here of how to collect for you.

Customer: replied 1 year ago.
thank you, ***** ***** you just clear up the interest part for me, what is did you mean by interest per annum until paid?
Expert:  Ray replied 1 year ago.

Yes thats correct it compounds until paid off.

Thanks again.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating it is always much appreciated.

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