Ask a Lawyer and Get Answers to Your Legal Questions
Hi and welcome to JA. I am Ray and will be expert helping you tonight.
Here your next moves are a writ of garnishment and writ of execution.Sheriff executes and sells any nonexempt property and you can garnish wages here.
WRIT OF EXECUTION: 15 days after the date of the recording of the original judgment, you may secure a Writ of Execution from the Clerk of Court. Procedures for filing the Writ of Execution should be followed pursuant to Florida Statute 55.201 – 55.209. You may visit the Secretary of State’s web site @ www.sunbiz.org.
WRIT OF GARNISHMENT: If there is no real or personal property to be seized under a Writ of Execution, look to see if the defendant has property in another’s possession. If a third person owes the defendant money or has the defendant’s property in his possession or if there is a bank account in the defendant’s name, you may file a Writ of Garnishment against that person or the bank. To do this you will need to remit $85.00 for the Clerk’s filing fee in each individual case. Effective July 1, 2000 Florida Statute 77.041 requires a “Notice to Defendant” and “Claim of Exemption and Notice of Hearing” form attached to all Writs of Garnishments. This section requires the plaintiff to mail a “Notice” and “Claim of Exemption” along with a copy of the Motion for Writ and Writ of Garnishment to the defendant and requires the plaintiff to file a certificate as proof of such service. The garnishee will, of course, have a chance to answer the Writ.
You can get the forms for this from the small claims court where judgment as issued.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Free forms and self help..