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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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We sue 3 company and 3 individual and last year have a judgement

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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

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.

Customer: replied 4 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.
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.

Customer: replied 4 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?

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:



Customer: replied 4 years ago.
than yuo for your answers, can you advise any attorney in florida to negotiate terms to start collection for us?

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 for a list of attorneys specializing in collections.

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