Let us assume that I win a judgement in Small Claims Court. How do I collect?

The story: A handyman who has done quite a few jobs in the neighborhood, did some work for me. There are at least a dozen different tasks that he started but did not finish. I paid him substantial money in advance for labor and materials. Dumb thing to do, but my stupidity is not the topic of this thread, so no comments on that aspect are necessary.

He took the money and ran. Not quite true about running, I know where to find him, but he has not shown his face in the neighborhood for months.

He did the same thing to my next door neighbor and she tells me that she knows of several other people he has screwed like this.

I'm pretty sure that we can band together and get favorable judgements in small claims court. Assuming that is true, how do we collect?

He is a one man show. He really does not have a pot to piss in. If it makes any difference, he is Mexican, I am 97% sure that he is here legally, not sure whether it is green card or naturalized citizen, but if I had to bet, it would say green card, but I could be wrong.

Any information re collection process? Is it worth even going to court? If we win, do I have to hire Guido and Angelo, or anybody from Tony Soprano's organization? Can we get his equipment (truck, trailer, etc.) seized legally?

Turn the judgement over to a collection company is about the only way, or a collection attorney, you'll pay points, 30 to 40 and he'll go after the guy, If he's judgement proof they won't do more than send letters.

Park it on his credit report, report him to the BBB, put a notice out at your HOA, have them put him in the news letter, and see if they can advise HOA's around you, in short, screw him in the ground by word of mouth.

See if he's on Angies list, craigslist, facebook marketplace, etc Just sign in rate him a 1 star and explain your situation...

I know this is not your specific question, but is this not criminal fraud. They arrest these folks pretty frequently here for defrauding homeowners after Hurricanes.

Right now its a civil matter, although it would be wise to ask the Attorney Generals office about criminal acts, if you have several people who would sign on to the complaint.

IF you can't get paid, might as well see if you get a criminal action started... If 4 or 5 homeowners came forward from your neighborhood, theres plenty more out there...

The process for collecting on a judgment in Florida is fairly straightforward. Here are the high points:

1. Once you receive the judgment you record a judgment lien certificate with the Florida Secretary of State - this gives you a lien on all of the debtor's personal property anywhere in the state. This is important, and you should check to see if others have recorded judgments against him because they are paid in the order they are recorded.
2. You record a certified copy of the judgment in the property records in each county where the debtor owns real property - this gives you a lien on his real estate.
3. The next step is to execute on the judgement, which you do by identifying non-exempt property (more on that in a moment) which the sheriff then seizes and sells at auction, with the proceeds going to creditors less a fee for the sheriff. You can also obtain writs of garnishment from the court which are essentially court orders directing people who owe the debtor money (his employer, bank, IRS) to pay you instead.

When the judgment is entered make sure it requires the debtor to fill out a "fact information sheet." This is a sworn statement identifying all of his assets and where you can find them. He will not want to fill it out but the court can make him, and you should push for it.

A word on exempt property - Florida is known as a debtor's haven for a reason. The debtor's homestead is off limits and, if he is married, so is anything he owns jointly with his wife. There are a few other exemptions - an automobile worth up to $1,000 and certain personal effects.


Additional information can be found here: https://dos.myflorida.com/sunb...liens%20were%20filed.

Thanks Dave, helpful stuff there.

Now I'm beginning to wonder, is there some dollar threshold for what he scammed from us (us being me, the neighbor, and anybody else who was a victim), a threshold that would make this a criminal act with potential jail time?

Where I'm going with this -- I would rather have the job(s) completed, than get retribution, but possible jail time might be enough to get him to do the work.

Maybe you could buy him a broken arm or leg.

I had one substantial judgement for non payment of rent. I leaned the house. Five years later when they went to sell the house I got paid.

One other way, if he ever received a check from you and deposited in a bank, you now have an account number and bank.

If you have that you can call the bank semi regularly to "verify if an account has enough money to cover a check"

If it has a decent amount you can lien the account and freeze it to get your money.

Check with your attorney, rules are different in every state how to do that.


The rest have been a waste of time.
Unless he has assets you can lean against is a not worth your time.

quote:

Originally posted by V-Tail:
Thanks Dave, helpful stuff there.

Now I'm beginning to wonder, is there some dollar threshold for what he scammed from us (us being me, the neighbor, and anybody else who was a victim), a threshold that would make this a criminal act with potential jail time?

Where I'm going with this -- I would rather have the job(s) completed, than get retribution, but possible jail time might be enough to get him to do the work.

It's a criminal act regardless - the penalties escalate as the dollar amount goes up and, in Florida, if you or any other victim is elderly. There are also a number of agencies that handle unlicensed contractors (I'm assuming he isn't licensed). You could certainly contact your county and inquire. At bottom, law enforcement may prefer to treat an isolated incident like a civil matter but organized fraud, which this appears to be, might get their attention. It's worth a shot, especially if he appears judgment proof.

make sure they fill out the debtor information sheet when you get the judgment

quote:

Originally posted by sig2392:
I had one substantial judgement for non payment of rent. I leaned the house. Five years later when they went to sell the house I got paid.

One other way, if he ever received a check from you and deposited in a bank, you now have an account number and bank.

If you have that you can call the bank semi regularly to "verify if an account has enough money to cover a check"

If it has a decent amount you can lien the account and freeze it to get your money.

Check with your attorney, rules are different in every state how to do that.


The rest have been a waste of time.
Unless he has assets you can lean against is a not worth your time.

In Florida you cannot lien or foreclose a homestead, which is up to 1/2 half acre in a city and 160 acres in an unincorporated area, regardless of the value of the house or the judgment. It's up to the debtor to establish the property is his homestead (e.g. primary residence) but once he does it's off limits. That's one reason why a great many debtors flee here.

quote:

Originally posted by DaveL:

It's a criminal act regardless - the penalties escalate as the dollar amount goes up and, in Florida, if you or any other victim is elderly.

I'm 84. Does that count as elderly?

quote:

It's up to the debtor to establish the property is his homestead (e.g. primary residence)

It looks like he's living with his girlfriend. Her house.

I have two addresses for him, his and hers. His seems to be a vacant lot -- that's the address on his bank account.

Best I can tell, he's living at her address. I see his decrepit, falling-apart, old Explorer and his equipment trailer at her house when I pass by there.

Not a attorney but just asking ---- IN your post you indicated a personal age. Could this be helpful in pursuing him for crimes against the elderly??? And the ages of some of the other victims could that also aid in pursuing this individual showing a elder abuse pattern. Sorry to hear what has happened but hope things work out for you. ............................ drill sgt.

The pertinent statute is here: https://www.flsenate.gov/Laws/Statutes/2018/825.103. Note that the minimum charge (under $10,000) is a third degree felony so it's pretty serious.

Whether you are legally an "elderly person" depends, as they say, on both years and mileage. Here is the definition -- I will let you decide if it applies: “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired.

quote:

Originally posted by V-Tail:

quote:

It's up to the debtor to establish the property is his homestead (e.g. primary residence)

It looks like he's living with his girlfriend. Her house.

I have two addresses for him, his and hers. His seems to be a vacant lot -- that's the address on his bank account.

Best I can tell, he's living at her address. I see his decrepit, falling-apart, old Explorer and his equipment trailer at her house when I pass by there.

A vacant lot is unlikely to be his homestead unless he is living on it in some temporary structure (tent, camper), and even that is a stretch. If it's financed you will be in line behind the bank but that may not matter in this market - he probably has some equity just through appreciation. If it's not his homestead you can lien it and force a sale after you have a judgment. Check the property appraiser's office to see if he actually owns it and, if so, whether he's on the deed by himself. The tax collector's office can tell you whether he's behind on his property taxes and other assessments.

I've always heard that getting a judgement is the easy part. Collecting is another matter.
My experience is that people like that are real pro's at gaming the system and the best thing is to just go on with your life unless it's a sport for you to keep some heat on him. You'll probably find out that you are just another one in a long line and your at the back of that line.

quote:

Originally posted by 220-9er:
I've always heard that getting a judgement is the easy part. Collecting is another matter.
My experience is that people like that are real pro's at gaming the system and the best thing is to just go on with your life unless it's a sport for you to keep some heat on him. You'll probably find out that you are just another one in a long line and your at the back of that line.

For the most part, yes, be a good idea to pursue the part about criminal charges on the Elderly, certainly VT qualifies for Age, and with his mobility, what would be good is if your neighbors who were fleeced fit into that description, show a pattern of going after older home owners.

Put his broke ass in jail, lean his trailer and equipment, trade it in at AAA pawn for some new guns....

quote:

Originally posted by HRK:

quote:

Originally posted by 220-9er:
I've always heard that getting a judgement is the easy part. Collecting is another matter.
My experience is that people like that are real pro's at gaming the system and the best thing is to just go on with your life unless it's a sport for you to keep some heat on him. You'll probably find out that you are just another one in a long line and your at the back of that line.

For the most part, yes, be a good idea to pursue the part about criminal charges on the Elderly, certainly VT qualifies for Age, and with his mobility, what would be good is if your neighbors who were fleeced fit into that description, show a pattern of going after older home owners.

Put his broke ass in jail, lean his trailer and equipment, trade it in at AAA pawn for some new guns....

He probably doesn't own anything in his name or it's already been pledged to the local pawn shop.
Sometimes, life's too short.

quote:

Originally posted by Krazeehorse:
Maybe you could buy him a broken arm or leg.

When I started in banking,I started at the bottom....collecting. I actually had a guy give me a price list. Arms, legs, you name it.