Jacksonville Area Legal Aid is sorry it can’t be of more assistance at this time. Please feel free to come again
should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid
126 W. Adams St.
Jacksonville, FL 32202
904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This
information is based on Florida law only and is NOT intended
to be legal advice.
What to Expect After a Judgment is Entered Against You
This packet is designed to give you information on what you can expect if/when a
judgment is entered against you. A judgment is a Court order where the Court says you
owe someone money.
What is a Judgment?
A judgment is an order by the court stating that you owe a certain sum of money.
What if you cannot pay?
The court can never order you pay the judgment. Also, you can never go to jail
just for not paying your debts, unless those debts are alimony, child support, or
IRS taxes. Creditors can, however, try to collect judgments by garnishing wage
and levying on personal or real property.
What Can you do?
You have the right to file a Motion for Rehearing if you believe the judgment was
made wrongly by the Court.
o If you wish to file a Motion for Rehearing, you must file and serve this
motion within ten (10) days of the date that the Final Judgment was
signed.
o This motion should state why you believe the Judge should re-hear the
matter.
o If your motion is granted, your case will go before the same judge for a
new trial; however, our office will not be able to represent you in this
proceeding.
You have thirty (30) days to file an Appeal. This is not something that our office
will be able to help you with. You can find information and forms on how to file
an Appeal in the Courthouse library.
Should you choose not to file a Motion for Rehearing or Appeal, or should your
motion be denied, you will receive documents from the opposing attorney and
from the Court.
o As you begin to receive documents from the Court, keep in mind that you
are expected to respond to the best of your ability and in a reasonable
manner.
Jacksonville Area Legal Aid is sorry it can’t be of more assistance at this time. Please feel free to come again
should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid
126 W. Adams St.
Jacksonville, FL 32202
904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This
information is based on Florida law only and is NOT intended
to be legal advice.
o You are also expected to show up for any appointments made by the
Court. If you do not show up for these appointments, then you could be
held in contempt of court.
What Documents you should receive:
The first document you will receive regarding your judgment is the “Fact
Information Sheet”.
o Once you receive the “Fact Information Sheet”, you have 45 days to return
it to the opposing attorney. You should return it via mail only – do NOT file
it with the Court because it has sensitive information on it.
o There should be instructions on where to mail the completed form. Fill out
the “Fact Information Sheet” honestly and completely to the best of your
ability.
o You need to answer all of the questions that you have answers to, even if
you don’t understand why that information is important.
o Failure to do so or to return it promptly could result in your being held in
contempt of court.
When returning your “Fact Information Sheet”, include a letter asking the
opposing attorney not to file it with the court.
o The sheet will contain your Social Security Number, and filing it with the
court will make it public record.
o If you have already returned your “Fact Information Sheet, still take the
time to send the letter. Simply explain in your letter that because of
potential identity theft, you would prefer that the “Fact Information Sheet”
not be filed with the Court.
o Make sure to keep a copy for yourself and keep it in a safe place. Also,
make sure to send it as certified mail so that you can receive confirmation
when your “Fact Information Sheet” has been received.
What you should do after you mail the Fact Information Sheet:
Once you have mailed your response, go to the Courthouse and file a “Notice of
Filing of Fact Information Sheet” with the Court.
o A “Notice of Filing” is a simply a document that tells the Court that you
have complied with the request to fill out and return your “Fact
Information Sheet”.
Make sure to include the case heading (case number, division, party
names, etc.) as it appears on your other Court documents.
Jacksonville Area Legal Aid is sorry it can’t be of more assistance at this time. Please feel free to come again
should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid
126 W. Adams St.
Jacksonville, FL 32202
904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This
information is based on Florida law only and is NOT intended
to be legal advice.
o The notice should explain that you mailed a complete copy of the “Fact
Information Sheet” to the attorney for the plaintiff and the date you mailed
it.
Post judgment discovery
The next stage is the “post-judgment discovery” stage. In this stage, the opposing
attorney will be trying to figure out how they will be able to collect the judgment
from you.
You will probably be asked to fill out more forms, or produce your bank account
statements and tax returns as a way to verify your financial situation.
It is extremely important that you answer any of the opposing attorney’s requests
honestly, as completely as possible, and in a timely manner.
o Failure to do so could result in your being held in contempt of court.
You may also receive a “Notice of Deposition in Aid of Execution” during this
stage.
o This is like an interview.
o The opposing attorney will ask you a series of questions about your
finances and background.
o You must show up for this appointment or you may be held in contempt of
court.
o If you find you have a conflict on the date that the deposition is scheduled,
call the opposing attorney and he or she may be able to work with you.
o Answer all of the questions honestly and to the best of your ability.
Failure to do so could result in your being held in contempt of
court.
There are three ways that a judgment can be collected: a lien on your home,
repossession of your car and garnishment of your wages or bank account.
#1: Lien on your real property: If a creditor who has a final judgment against you
records a certified copy of the final judgment in the public records of Duval County, it
will become a lien upon the title to your home or any other real property you own in the
county. Remember that a lien on your home does not mean that you will lose your
home. It simply means that if/when your home is sold, the judgment is collected from
the proceeds of that sale. The final judgment will bear interest and can last up to twenty
years if properly renewed. In some situations, a lien can be removed by filling out a
form and recording it with the City of Jacksonville.
Jacksonville Area Legal Aid is sorry it can’t be of more assistance at this time. Please feel free to come again
should you have other legal problems. Jacksonville Area Legal Aid wishes you the best of luck in the future.
Jacksonville Area Legal Aid
126 W. Adams St.
Jacksonville, FL 32202
904-356-8371
CONSUMER RESOURCES
All laws are subject to change without notice. This
information is based on Florida law only and is NOT intended
to be legal advice.
#2: Repossession of a vehicle: As far as the repossession of your car, creditors
usually prefer to repossess newer cars with a lower level of debt, as older cars or those
with a high level of debt usually will not turn a profit large enough to satisfy your
judgment. However, we cannot predict or guarantee which cars will or will not be
repossessed. Please see the info sheet on Repossessions and Deficiencies for more
information.
#3: Garnishment of wages and/or bank account: A creditor can garnish your
wages and can also garnish/freeze a bank account with your name on it. Garnishment is
a relatively complicated process. For more information, please see the Garnishment info
sheet on our website.