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You Won a Judgment Through Florida Business Litigation: Now What?

Written on June 16, 2021

Whether the road to victory was a short or long one, it is gratifying to get to the end of a Florida business litigation matter and have a favorable judgment in your hands. The final order serves as proof that the court found in your favor and you are entitled to your legal remedies. However, do not expect a check in the mail representing your monetary damages. A judgment allows the holder to use the power of the court to obtain the amount due, but there is nothing automatic about the process. Instead, Florida law on enforcement of judgments defines your options and steps you need to follow.

However, the last thing you want at the end of the litigation road is to make critical errors that adversely affect your company’s interests. It is important to trust a Clearwater business litigation lawyer for assistance with strategies for enforcing a judgment in Florida.

Two Different Approaches to Protecting Your Interests

Before getting to your specific remedies for enforcement, you should understand the two different strategies you might pursue:

  1. A passive approach to enforcement preserves your company’s rights by notifying all other interested parties of your interest, which is secured by court order. A judgment lien on property is an example. Your interest will be addressed when the debtor attempts to transfer title.
  2. Taking an active approach expedites the process, but it does require more effort on your behalf. Essentially, you are going through another legal process to enforce the judgment.

Options for Active Enforcement of Judgments After Business Litigation

If you decide to be proactive in enforcing your court order, you might consider the following strategies:

  • Writ of Garnishment: Perhaps the most common way to obtain monetary damages is by directing the judgment debtor’s bank or employer to divert funds through garnishment. Note that the process provides the garnishee-debtor with an opportunity to respond and raise defenses, and even take the matter to trial on disputed issues.
  • Writ of Execution: You can also utilize the authority of your Pasco County Sheriff to act on a levy, in which officers legally take the debtor’s property that is subject to execution. Some items are exempt from this process, so you may need to consider another option if your writ of execution applies to jointly owned property.
  • Writ of Attachment: This enforcement option allows you to attach the judgment debtor’s real estate and personal property, but it is typically used to regain control over a specific item. A writ of attachment is often used in connection with a defaulted loan on a motor vehicle.

A Pinellas County, FL Business Law Attorney Can Assist with Enforcement

If you are toward the end stages of business litigation or already have a judgment, please contact Clearwater Business Law to discuss enforcement options. You can reach our office by calling (727) 785-5100 or visit us online to set up a consultation. Once we review your circumstances, one of our business lawyers can advise you on strategy and next steps.

TESTIMONIALS

I strongly endorse Andrew Mongelluzzi. He is a very skilled and able business attorney focused on customer service and results. On the front end, Andrew deftly advises new businesses on organizing properly, acquiring necessary licenses, contracting with vendors & customers, and dealing with various compliance issues that may arise. On the back end when things go south, Andrew counsels and navigates businesses through complex commercial disputes and aggressively represents them in negotiations, mediation, arbitration, and in litigation so that businesses can legally move on and get back to business. Andrew’s ability to identify legal issues and approaches to resolve business-related issues is a strength that I have learned from and professionally relied upon in approaching the business matters and cases that I handle. I regularly refer business to Andrew knowing that he will diligently represent his business clients and their best interests.
Relationship: worked together on matter

- Frank N. Genco, Florida Bar No. 440086

Attorney Mongelluzzi and his team provided excellent and quality service. I always felt that my needs were met and that the firm was invested in me and my case. The quality services I received at Mongelluzzi’s firm were remarkable. From the initial meeting they were responsive to my calls, questions and concerns. All issues were handled professionally and timely, easily accessible, got back to me quickly, aggressive and got me the results that I wanted. Attorney Mongelluzzi and his staff all gave my case their personal attention and provided the quality of work that anyone would want when hiring an attorney.

- Client

Andrew is very thorough defining the outcome expectations. In my case, it was setting up a new corporate entity. He advised me on the most beneficial option and he then executed on that path. Andrew is a very pleasant person to work with. He is determined, skilled and committed to his client’s success.

- Gil Pinney

Andrew helped me through a difficult situation with American Express and we won the case. A great job by Andrew! He also helped me with T&C’s in my company. I would recommend Andrew highly as an attorney.

- John Sams

As a business owner for 12 years I have seen my fair share of ups and downs. Some of the downs would include landlord/tenant disputes and creditors that may have not been fulfilled to agreement. Andrew has met both of these situations for me in a timely, positive, and affordable manner.

- Rich Mattes

It was very nice to have a lawyer who not only is fierce in negotiations but has been successful in business. This is a lethal combination. I was glad he was on my side.

- Nigel Castanheiro

Andrew helped me with a contract litigation case. The lawyers battled it out for over a year and we finally got a reasonable settlement offer. Then the other side tried to back out. Andrew figured out how to force the other side to honor the deal and really knows his way around the court system. Definitely feel comfortable using him again.

- John Ellis

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