Legal Question in Civil Litigation in Florida

A final judgement was made in 2005 in a civil court against defendant JB to make monthly payments for a damaged rental car. The plaintiff was a rental car company. Defendant made approximately $3,500 in payments over the course of five years and then stopped making payments because of lack of income.
In May, 2010 plaintiff requested a deposition and was given information requested. The defendant has no assets and has stated that he has no money to pay.
How does defendant attempt to end this case against him? When must the plaintiff do a follow up and let the court and the defendant know what is the next step? May the defendant request the court to end the case? The defendant has demonstrated as best he can that he owns nothing and has earned almost nothing during these past five years. How much time does the plaintiff have to continue this situation without letting defendant know what steps he will take?

Asked on 8/18/10, 11:00 am

Philip Duvalsaint Philip A. Duvalsaint, PLLC

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The defendant can file for bankruptcy to discharge the debt. Otherwise, a judgment can be on record for 20 years or more in Florida.

Answered on 8/23/10, 11:41 am

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