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?