Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 21
  1. #1

    Post Interstate Debt Collection

    My question involves collection proceedings in the State of Florida from an out of state judgment from the State of Nevada.

    An out of state defendant was found in contempt in a hearing to Show Cause in the State of Nevada for violating a TRO eighty three times. The elderly plaintiff was awarded restitution, the maximum financial penalty available for each of the 83 violations, and attorney's fees. The financial award was substantially; but the defendant has substantial assets; however, those assets were fraudulently conveyed from a revocable to an irrevocable trust during the time that the TRO violations were occurring. It seems that the elderly plaintiff now has to domestic the interstate judgment from Nevada to Florida in order to collect and then prove fraudulent conveyance. The defendant has been playing delay games for multiple years now, and nothing suggests that this will change. It is assumed (with virtual certainty) that the defendant will not pay the restitution and penalties as ordered, but rather, will continue the play legal delay tactics in hopes that the elderly defendant will die. The elderly plaintiff is looking for any method available to get the defendant put into jail because the loss of freedom might be the only type of 'encouragement' to which the defendant might be inclined to comply. One thought is to somehow convert the civil contempt order into some sort of criminal order, possibly through another Show Cause hearing based on the defendant likely non-compliance with the recent contempt, restitution and penalty order. (The issue of non-compliance will be evident in a very short period of time now). The plaintiff strongly believes that jail time may be the only effective leverage that can be used to force the defendant to honor the orders that have been handed down.

    Does anyone have any other thoughts or suggestions?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,209

    Default Re: Interstate Debt Collection

    Quote Quoting JudicIalWatcher2020
    View Post
    The plaintiff strongly believes that jail time may be the only effective leverage that can be used to force the defendant to honor the orders that have been handed down.
    Unfortunately for the judgment creditor the failure by the judgment debtor to pay the judgment is not a crime. The civil judgment is not an order to the defendant to pay. The judgment simply allows the judgment creditor to attach whatever income and assets of the judgment creditor that can be found. So he's not going to get that civil judgment converted to some kind of criminal sanction. If the assets of the judgment debtor are in Florida then he'll need to domesticate his judgment in that state and then take the steps needed to set aside the transfer to the irrevocable trust if he can show that the transfer was a fraudulent conveyance. He may find it worthwhile to consult an attorney in Florida to help him go after the assets to collect his judgment.

  3. #3

    Default Re: Interstate Debt Collection

    Here is the proposed language of the order which is presently being drafted for the Judge's signature:

    ORDER

    Based on the foregoing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

    ...

    Within five (5) calendar days following entry of this Order, Defendant shall immediately return $XXXXXX to the Plaintiff.

    ...


    Do you have a suggestion which might make this order carry more weight, that is, give the order more teeth such that failure to pay by the defendant becomes a criminal action as opposed to merely giving the plaintiff/creditor a means to attach the defendant's income and assets?

  4. #4
    Join Date
    Oct 2016
    Posts
    4,289

    Default Re: Interstate Debt Collection

    Quote Quoting JudicIalWatcher2020
    View Post
    Here is the proposed language of the order which is presently being drafted for the Judge's signature:

    ORDER

    Based on the foregoing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

    ...

    Within five (5) calendar days following entry of this Order, Defendant shall immediately return $XXXXXX to the Plaintiff.

    ...


    Do you have a suggestion which might make this order carry more weight, that is, give the order more teeth such that failure to pay by the defendant becomes a criminal action as opposed to merely giving the plaintiff/creditor a means to attach the defendant's income and assets?
    There is nothing that you are going to write or a judge will sign that will make failure to repay a criminal act.

    Florida has laws on how you may collect on a judgment. https://dos.myflorida.com/sunbiz/for...lect-judgment/

    I second Taxing Matters suggest that you contact a lawyer.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,693

    Default Re: Interstate Debt Collection

    Quote Quoting JudicIalWatcher2020
    View Post
    The elderly plaintiff is looking for any method available to get the defendant put into jail because the loss of freedom might be the only type of 'encouragement' to which the defendant might be inclined to comply. One thought is to somehow convert the civil contempt order into some sort of criminal order, possibly through another Show Cause hearing based on the defendant likely non-compliance with the recent contempt, restitution and penalty order. (The issue of non-compliance will be evident in a very short period of time now). The plaintiff strongly believes that jail time may be the only effective leverage that can be used to force the defendant to honor the orders that have been handed down.

    Does anyone have any other thoughts or suggestions?
    I would suggest that the plaintiff confer with his/her lawyer about this. Incarceration can be ordered for contempt of court, but it sounds like the court that ruled on the contempt citation ordered a monetary award instead. Your post is confusing because it refers to that award as both a judgment and an order. If it is an order, then that order can be enforced by the court's contempt power. However, if it is merely a judgment, then there could be no incarceration for failure to pay.

    Quote Quoting JudicIalWatcher2020
    View Post
    Here is the proposed language of the order which is presently being drafted for the Judge's signature
    Being drafted by whom?

  6. #6

    Default Re: Interstate Debt Collection

    I apologize for the poor selection of the word "judgment" on my original post. It is a court order. The Judge told the plaintiff's attorney to write the order for the Judge to sign. The plaintiff has a Nevada and Florida legal team working on writing the order; the Nevada legal team is coordinating with their appellate team to try to reduce the risk of having the matter overturned on appeal; and the Florida team is working with a collection team to enhance their ability to collect. All are stunned by the recalcitrant defendant who simply ignores any adverse rulings or orders.

    My original assumption was that ONCE the defendant fails to pay the plaintiff that which the Judge has just ordered (ergo my use of the word 'judgment'), then the plaintiff will have to file another ex parte application to start the Show Cause process all over again. However, this time it will be incumbent on the plaintiff to specifically ask the Judge to impose (the maximum 25 day) jail time for the defendant's failure to follow the "last" order.

    I was just hoping the there might be a brilliant way to short-cut this next go around that none of the teams has yet thought about (kind of like them trying to pull the Logan Act game on Flynn) because everyone is focused on the trees and not the forest. It is what it is. Unfortunately I am going to have to sit down and explain this whole morass to the elderly plaintiff.

    Thank you all for your thoughts.

  7. #7
    Join Date
    Sep 2020
    Posts
    131

    Default Re: Interstate Debt Collection

    There are two legal TEAMS working on this. An internet forum is not the place for you.

  8. #8

    Default Re: Interstate Debt Collection

    Completely understood and agreed. But then again there were many cultures that lived and thrived for generations without the wheel....until somebody out of the blue came up with the idea.

  9. #9
    Join Date
    Sep 2020
    Posts
    131

    Default Re: Interstate Debt Collection

    Quote Quoting JudicIalWatcher2020
    View Post
    Completely understood and agreed. But then again there were many cultures that lived and thrived for generations without the wheel....until somebody out of the blue came up with the idea.
    That is not an apt analogy. What you are trying to do is more akin to this: Your transmission has given out, so you send it to be repaired by a professional at the dealership. In the meantime, you ask a bunch of strangers for tips on repairing it thinking that you can come up with a better way for it to be repaired that you can then pass on to the pro who has factory training required to make such a repair.

  10. #10
    Join Date
    Feb 2020
    Posts
    684

    Default Re: Interstate Debt Collection

    Quote Quoting Zigner
    View Post
    That is not an apt analogy. What you are trying to do is more akin to this: Your transmission has given out, so you send it to be repaired by a professional at the dealership. In the meantime, you ask a bunch of strangers for tips on repairing it thinking that you can come up with a better way for it to be repaired that you can then pass on to the pro who has factory training required to make such a repair.
    Your analogy is not "apt" because the dealership is the last place to take a transmission problem. Asking others for a better referral is exactly would that motorist should be doing to avoid getting ripped off by a dealership.

    Placing all your trust in a couple lawyers...or a dealership mechanic, could be foolish.

    I recently trusted two lawyers and got ripped off by both of them.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Support Arrears: Statute of Limitations on Interstate Collection of Child Support Arrears
    By Momz in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 04-18-2015, 02:42 AM
  2. Modification of Support: Interstate Collection and Modification of Child Support Payments
    By Msfaszion in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 08-08-2014, 02:07 PM
  3. Student Loans: Multiple Debt Collection Letters from the Same Collection Agency
    By dmez01 in forum Debts and Collections
    Replies: 2
    Last Post: 07-12-2011, 07:29 PM
  4. Support Arrears: Child Support Collection Frustrations, Interstate Case
    By lovesflowers in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 05-04-2011, 05:27 PM
  5. Foreclosure: Collection on a Foreclosed Junior Loan from Debt Collection Company
    By cocoa in forum Buying, Selling and Conveying Real Estate
    Replies: 4
    Last Post: 03-31-2011, 05:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources