Legal Question in Civil Litigation in Florida

I loaned someone $1,000.00 using a unsecured promissory note that he signed. He did not payback any money. On Dec. 14, 2015, I received a default judgement in small claims court. Court mailed him papers and I have tried to serve defendant (using a process server) with a "Ex Parte" motion but he does not accept at last known address. I have a copy of his driver's license and SS#.

Can a lawyer or collection agency using "skip trace" help me find him and collect my money??


Asked on 6/16/16, 9:05 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Yes, no , maybe. You have a judgment. That's good. Go to your county property appraiser website and see if he owns any real property in your county. If he does, take your judgment and record it again. That will have your judgment act as a lien on the real property, but you cannot foreclose on it if the real property is his homestead. What is this exparte motion, and why are you spending money to have a process server serve something? That's confusing. Not accepting something is not the same as the guy not living there - that's confusing. Either he lives there or he doesn't; you either know where he lives or you don't. If you don't know where he lives, you need to skip trace him. If you do know where he lives, and this guy is not accepting whatever it is you are sending him, you don't need to skip trace him. Do you know where this guys works? You might be able to garnish his wages or take personal property. Honestly, nobody is going to be interested in a $1000 case unless you are going to pay by the hour or a flat fee, and there's a good chance that either will be more than $1000 with no guarantee or promise of collecting your money. Your judgment is good for 20 years and it accrues interest. While it may be difficult to collect your judgment now, things change over time. Good luck.

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Answered on 6/16/16, 9:20 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

The likelihood of being able to hire an attorney is slim as there is not enough money involved to justify the involvement. An hourly paid attorney will charge more than the judgment. A "skip trace" to find the defendant can be done through an investigator and it likely will cost $250-700. I doubt any collection agency will take on collection of this judgment.

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Answered on 6/16/16, 1:01 pm


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