Unfulfilled Stipulation In Florida

**BellaVictim** · 02-03-2007, 06:10 PM

A woman willfully & maliciously vandalized my vehicle. I had her arrested & she was ordered to pay me $500 in restitution through criminal court. However, I had already filed a lawsuit against her in small claims. We attended mediation in January & we signed a stipulation for payment. The mediator told me that the restitution was null & void(supposedly) since the defendent & I signed the stipulation. She basically agreed to pay me a certain amount weekly until the amount she owes me is paid off. She didn't even pay the 1st payment!! How do I collect payment?? I know where she works but I don't know which bank she uses. How do I find out where she banks? How do I collect payment?

**Mr. Knowitall** · 02-04-2007, 06:54 AM

The Miami-Dade courts state,

Quoting Collecting a judgment

At any time during this process the defendant may pay you and settle the claim. However, obtaining a judgment against a party is NOT the same thing as collecting that judgment. Post-judgment legal procedures are often required prior to any collection. You may find it necessary to retain an attorney to assist you in post-judgment procedures.

You would have to figure out where her assets are and try to garnish them, to the extent that the court allows, and perhaps ask for a court hearing where she brings proof of her assets and income so you can try to figure out how you might collect the money. It's not easy.

**BellaVictim** · 03-09-2007, 11:31 AM

I filed an affidavit of non-payment in the beginning of February and filed a judgement lien with the State of Florida. She finally payment TWO weeks after payment was to commence as agreed upon during mediation. Then now I find out that she sent the courts a letter stating that her payment wasn't late! We have a hearing in April. Shouldn't the defendant have mailed me a copy of the letter? What should I do???

**Mr. Knowitall** · 03-10-2007, 09:50 AM

Yes, you should have received a copy.

What do you do? Argue your case to the court.

**BellaVictim** · 03-10-2007, 11:00 AM

Since the defendant didn't mail me a copy of the letter she gave the courts isn't she witholding vital information from me? I was told that when you give the small claims something you're suppose to send the other party a copy! Can I file contempt of court or something against her? I saved all the reciepts and made copies of everything...I'm prepared!