[hbshaw]

If I win a small claim judgement in Alachua County, Florida, for damages done to my car by an uninsured driver, how can I get the judgement enforced so that I can recover the cost of the repairs?

[this8384]

You can't. Winning is the easiest part; collecting is the headache. If you do win and the defendant chooses not to pay, find out where they work & have their wages garnished. If they don't work, find out where they bank and freeze their account.

[excon]

Hello h:

This is right on...

However, here in MY jurisdiction, the court constable is available to serve summons's and to collect judgments... He doesn't do ANY investigation, though, so you're going to need to prepare the documents and tell him where to go. You can, of course, do it yourself, but it has a little more effect when a COP shows up to serve it, instead of you. Sure, he'll charge you...

You may even need a writ of execution first, too. Ask the clerk.

excon

[this8384]

However, here in MY jurisdiction, the court constable is available to serve summons's and to collect judgments...

I'm moving by you; here, once you win the courts and police stay out of it. I've got over $10,000 in collections from deadbeats right now, all waiting for a bank account or job to pop up.

[hbshaw]

Thanks much. I know where the person works and I think I can get a writ of garnishment or a writ of attachment signed by the small claim court judge. I say this because she is clearly shown to be at fault by the police traffic crash report. Then I would plan to have the sheriff's office serve the writ to her. Since she does not have insurance, she might be willing to do a pre-trial settlement. Does this sound like a workable plan or should I take some other route? hbshaw

[JudyKayTee]

Thanks much. I know where the person works and I think I can get a writ of garnishment or a writ of attachment signed by the small claim court judge. I say this because she is clearly shown to be at fault by the police traffic crash report. Then I would plan to have the sheriff's office serve the writ to her. Since she does not have insurance, she might be willing to do a pre-trial settlement. Does this sound like a workable plan or should I take some other route? hbshaw

I'd go to Small Claims Court first and worry about collecting the Judgment after that. At the moment all you need to do is file against her and appear at the "trial." If she loses she just might pay; she might also want to play "Let's make a deal" for the dollar amount.

But you are putting the cart before the horse here.

[hbshaw]

Thanks JudyKayTee. I'll do some research on the procedure for going to small claims court and start the process. I just talked to her by phone and she wants to "make a deal" by providing me with a notarized statement of how she will pay for repairing the damages to my car. Do you think I should I bite at this deal now or start the small claims process and make a deal at pre-trial mediation? hbshaw

[excon]

Hello again, h:

Her "make a deal" letter, notarized or not, is no better than a verbal promise. If you believe she'll make good on her word, then give her a shot. But, if you DON'T believe her (and I don't), then sue her.

excon

[JudyKayTee]

Thanks JudyKayTee. I'll do some research on the procedure for going to small claims court and start the process. I just talked to her by phone and she wants to "make a deal" by providing me with a notarized statement of how she will pay for repairing the damages to my car. Do you think I should I bite at this deal now or start the small claims process and make a deal at pre-trial mediation? hbshaw

The only thing a notary does is guarantee that the signature is legitimate, that it is the signature of a person who has identified herself to the notary. Otherwise, this is the same as a promise written on a paper towel. She is either going to pay you - or not. So far it doesn't seem that she's been terribly responsible but only you know if that's going to change.

I'd go to Small Claims - and, again, there is no pre-trial mediation. You and the "Defendant" can certainly negotiate at any time but there is mediation within the legal meaning.

You don't need to do any research to file in Small Claims - you go to the Court which has jurisdiction over the Defendant (not you) and file a very simple form, pay a nominal fee, they "usually" take care of getting the papers to her and then you both appear with your evidence and the Judge decides.

Remarkably user friendly.

[hbshaw]

Thanks much excon and JudyKayTee for clearing away some of the fog, convincing me that the small claims court route is better than the promissory note route. I'll start the process right away. Thanks, hbshaw

[JudyKayTee]

Thanks much excon and JudyKayTee for clearing away some of the fog, convincing me that the small claims court route is better than the promissory note route. I'll start the process right away. Thanks, hbshaw

You can always do both - get the promissory note and if the person doesn't pay, then go to Small Claims - ? In that case the note is evidence of the debt.

Depends on how long you want to wait to get your money.

[hbshaw]

I can't wait long at all because the damages include disabling my brake lights, direction signals, and hazard lights so I can't legally and safely drive my car. Do you think I lose any leverage if I pay for the repairs before going to small claims court? Citing financial hardships as a single parent, she has already balked at paying immediately just for the cost of the lights so I can drive my car and then paying for the other damages later.

[JudyKayTee]

I can't wait long at all because the damages include disabling my brake lights, direction signals, and hazard lights so I can't legally and safely drive my car. Do you think I lose any leverage if I go ahead and pay for the repairs before going to small claims court? Citing financial hardships as a single parent, she has already balked at paying immediately just for the cost of the lights so I can drive my car and then paying for the other damages later.

Having a paid receipt indicates that the work HAD to be done and, in fact, WAS done so that you could drive safely. Gives you more leverage.

Just make sure to get at least one other estimate so you can prove you didn't just go to the high end of things.

[hbshaw]

Thanks JudyKayTee. Being able to drive my car again and be reimbursed will be great. I'll be sure to get another estimate or two. Your good advice will prove valuable and is very reassuring to me. hbshaw

[ScottGem]

There is no reason, other than financial , for waiting. Don't you have insurance? You should file a claim under your insurance. If you get reimbursed you can then reimburse your insurance carrier.

Also, I think you may be confusing things. A promissory note is generally in a loan where a person makes a promise to repay a borrowed amount. The agreement you are talking about is simply an acknowledgement that the other driver is responsible for the accident and agree to pay for the repairs. If she does sign it and defaults, then getting a judgement will be a piece of cake.

[hbshaw]

Thanks ScottGem. Yes, I have insurance, but my deductible is almost as much as the cost of repairs and I have heard that insurance companies can penalize by raising rates or even canceling policies after accidents and claims (although my record is virtually spotless over several decades). I thought I'd do better saving my insurance company for when I might be at fault causing major damage and/or injury. Any thoughts?

This is helpful because now I will ask my insurance carrier specifically whether a claim will affect my rates.

I probably should have said notarized agreement to pay for repairs rather than promissory note. hbshaw

[JudyKayTee]

Thanks ScottGem. Yes, I have insurance, but my deductible is almost as much as the cost of repairs and I have heard that insurance companies can penalize by raising rates or even canceling policies after accidents and claims (although my record is virtually spotless over several decades). I thought I'd do better saving my insurance company for when I might be at fault causing major damage and/or injury. Any thoughts?

This is helpful because now I will ask my insurance carrier specifically whether a claim will affect my rates.

I probably should have said notarized agreement to pay for repairs rather than promissory note. hbshaw

I investigate accidents - the phone call asking about information could (depending on your company) be enough to raise your rates. They don't have to pay in order to do so. Depends on the company. I've seen rates raised when the other party was totally at fault and the insurance company collected from the other party - it changes your "risk rating."

When you write the agreement I'm sure you know to be very specific about the total amount, how you expect to be paid, when those payments are due. Cover all the bases.

[hbshaw]

Thanks again Judy. You confirm my fears about the awesome whims of insurance companies. I will be sure not to alert them any further on this matter. I am going to get the second estimate and proceed with the repairs and the small claims action. hbshaw

[ScottGem]

A t lot depends on your insurer. I've been with Geico for about 10 years and they have never raised my rates due to an accident, including a few that were our fault (teen age driver ;) ). If you have a police report that shows the other driver at fault, you should be in good shape. So it might depend. If the deductible is so close, then it might not be worth it.

[JudyKayTee]

Thanks again Judy. You confirm my fears about the awesome whims of insurance companies. I will be sure not to alert them any further on this matter. I am going to get the second estimate and proceed with the repairs and the small claims action. hbshaw

As Scott says - it depends on the company. If you have a good relationship with your agent, ask him/her. Every company has its own set of "rules."