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You can't go to jail for failing to pay a debt or a judgment. However, if you do not pay a debt, or if a judgment is entered against you, this information can be reported to credit bureaus and made a part of your credit history. This information can be reported for up to seven years on your credit reports.
If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale.
In the state of Florida, you can't be put in jail for failing to pay a debt or judgment.
File Bankruptcy If all else fails, a person can avoid paying a judgement by filing for Chapter 7 bankruptcy. Chapter 7 bankruptcy enables a debtor to discharge all their unsecured debt, including monetary judgements. The bankruptcy debtor must in exchange turn over to the bankruptcy trustee all their non-exempt assets.
Clearly state that you are writing a judgment proof letter and explain the purpose of the letter, which is to demonstrate your inability to pay the judgment. Provide a brief explanation of your current financial situation, including any income, assets, or debts you may have.
Post-judgment discovery is appropriate as long as the judgment is enforceable.? The Court found that Florida judgments have a twenty year life during which those judgments are enforceable.
What to include in a demand letter The date the letter is being sent. Your name and address, and the name and address of the debtor. A description of the facts of the case (such as, you signed a contract for a new roof dated X date and the contractor didn't do the work) The amount you are seeking to collect (see below)
Frequently Asked Questions (FAQ) Type your letter. ... Concisely review the main facts. ... Be polite. ... Write with your goal in mind. ... Ask for exactly what you want. ... Set a deadline. ... End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.