Post Judgment Collections
Experienced Collection Services
Securing a final judgment on behalf of a client is often only the first step in what can be a very labor-intensive and complex recovery process. Monetizing or converting this paper judgment into cash requires the services of a seasoned collection firm. Abril Law has over 20 years of experience in navigating the complex challenges associated with the enforcement of post-judgment remedies. To accomplish the ultimate goal of making the client whole, we rely some on the following:
Garnishment
Florida Statutes Chapter 77 authorizes the right to writs of garnishment. Every person or entity who has sued to recover a debt or has recovered judgment in any court against any person or entity has a right to a writ of garnishment. Abril Law routinely utilizes the remedy of garnishment to secure payment of outstanding debts. This includes pre-judgment writs of garnishment in situations where the assets of the debtor may be misappropriated prior to securing a final judgment in favor of the creditor. We also file continuing writs of wage garnishment on behalf of creditors who seek to secure payment via periodic salary deductions. It is important to note that some jurisdictions have significant debtor protections and exemptions. Therefore, it is essential that you have an experienced law firm ensuring that your best interests are protected.
Attachment
In addition to garnishment, the right to attach or execute upon property is available to judgment creditors. This remedy is available when it appears the debtor may fraudulently part with the property or remove the property from the jurisdiction of the court. In addition, judgment creditors may avail themselves of attachment and execution when the debtor is in the process of fraudulently transferring property or actively concealing assets.
Abril Law relies on state-of-the-art technology and asset location tools to identify non-exempt property subject to attachment and execution. We exhaust every possible avenue of recovery to ensure that our clients are fully compensated for losses incurred.
Domestication and Enforcement of Foreign Judgements
Florida Statute 55.501 is the Florida Enforcement of Foreign Judgments Act. This statute governs the domestication of out-of-state judgments in Florida. Absent the domestication process, foreign judgments, although granted full-faith and credit, are not enforceable in the state. The domestication process is cumbersome and requires various preliminary steps, including the filing of an affidavit, a thirty-day notice of intent to domesticate, and recordation in the appropriate jurisdiction.
Abril Law has effectively domesticated judgments in the state of Florida for over 25 years. Our process is seamless and efficient and expedites the creditor’s ability to enforce its judgment in the state. The recording process is a prerequisite to instituting post-judgment remedies, including garnishment, attachment, or execution.
Proceedings Supplementary
When a judgment creditor holds an unsatisfied judgment or judgment lien, Florida law allows the judgment creditor, upon the filing of a motion and affidavit, to establish proceedings supplementary to execution. Florida Statute 56.16 is designed to implead the recipient of any gift, transfer, assignment, or other conveyance of property made or contrived by the judgment debtor to delay, hinder, or defraud creditors.
Essentially, the Florida proceedings supplementary statute is designed to invalidate and recover any fraudulently transferred assets directly from the original recipient of the asset. This is an invaluable tool in the recovery process and one which is seldom exploited (or in fact understood) by most practitioners. Our principal is a frequent lecturer on the Florida proceedings supplementary remedy.
Deficiency Judgements
Our firm represents lenders including banks, credit unions, and financial institutions that have obtained a deficiency judgment that remains unsatisfied. Abril Law has developed considerable expertise in identifying and implementing the appropriate remedy necessary to satisfy these deficiency judgments.
This may include:
Avoidance of fraudulent conveyances and/or transfers
Piercing the corporate veil
Charging orders against multiple-member LLCs
Judicial foreclosures
Writs of Replevin
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