Judgment in hand for 5K. Defendant has a 15K car. Should I go after it ?

Asked 2 months ago - Miami, FL

Is it worthed to go after the defendant's car valued at 15K, while defendant owes me 5K from a lawsuit (judgment in hand). Which form to use or what is the name of the process so I can look into tis further ? I asked if it was worthed because someone mentioned to me if I go with that I will have to pay towing parking daily for not sure how long....

Attorney answers (4)

  1. Christopher Robert Dillingham II

    Contributor Level 19

    3

    Lawyers agree

    Answered . You cannot take someone's sole means of transportation in Florida, and you cannot touch homesteaded property. It sounds like you may have an uncollectable judgment in hand, which is why most attorneys wont touch such cases.

    I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not respond to... more
  2. Frank G Podesta

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . Unfortunately, you cannot get the car, and even if you could, the judgment debtor could simply declare bankruptcy. I might consider settling with the debtor for less than the $5k, just to get some funds in your pocket.

    Answering any question in this forum is not legal advice but is intended for educational/research purposes only;... more
  3. Rex Edward Russo

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . The judgment debtor is entitled to a specific exemption of $1,000 against the equity in a vehicle used for personal transportation. Additionally, if the judgment debtor does not own a residence, then they can take a statutory exemption of $4,000 against the equity in addition to the specific $1,000 exemption. Lastly, it is possible for the judgment debtor to apply most or all of a $1,000 wild card exemption for personal property that is afforded by our state constitution. If the vehicle is owned outright, then there may be a chance at recovery. But, if there is a bank loan secured by the vehicle it would get paid first, minus the exemptions (could by as much as $6,000 in total), could leave you with nothing to recover. Also, who ever advised you regarding the costs is correct. You would be responsible for paying costs to the sheriff, costs for the towing, costs for storage, and costs to advertise the sale. You need to recover your costs before you can say you recovered anything meaningful. As a final consideration, keep in mind that the vehicle may be worth $15,000 in a private sale, but at a sheriff's auction it might not sell for half that amount because of the risks involved to the buyer.

    The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many... more
  4. Alan James Brinkmeier

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your street lawyering is suspect. Instead hire an attorney to collect. Banks. Wages. Property.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,482 answers this week

3,249 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,482 answers this week

3,249 attorneys answering