Specific Sheriff's Sale Actions Post-judgment

[ellsworth]

Please think about the following chain of events that develop a debtor-judgment holder scenario and the two inquiries that adhere to:
On Day , in Palm Beach County (FL), a judge awards a civil judgement for $250,000 in favor of Plaintiff. On Day 15, via asset searches and "detective" operate Plaintiff discovers that debtor has the following non-exempt assets: a Rolex (worth $1,500), a property pc (worth $200), some baseball memorabilia (worth $2,000), some automobile tools (worth $10,000) and suspects debtor has a car with an open title.
On Day 16, judgement holder certifies the judgement at the Clerk's workplace
On Day 16, judgement holder records the the judgement at the Recorder's Office (which locations a lien on home defendant could have)
On Day 17, judgement holder records the a judgement lien certification with the Department of State, which establishes prioriety of funds resulting from a Sheriff's sale of defendant's home.
On Day 18, judgement holder goes to the Clerk & Comprtroller that issued the judgement and requests a Writ of Execution
On Day 21, judgement holder delivers the Writ of Execution to the Sheriff's Workplace in which the non-exempt home identified is located
On Day 23, Sheriff acts on the Writ of Execution
On Day 24, judgement holder writes a demand letter to judgement debtor
On Day 30, judgement holder finds an asset not in the name of the judgement debtor but suspected to be belong to the judgement debtor
On Day 35, judgement holder schedules a hearing for help in execution
On Day 45, judgement debtor appears at the hearing and is compelled to answer questions about his assets below oath (or on Day 45, judgement holder does not show up for the hearing and is held in contempt)
Two inquiries:
1) Is this a realistic scenario and timeframe?
2) Is it not feasible for to have the Sheriff or Sheriff's Deputy peruse the defendant's property and home to see what he genuinely has that belongs to him?
I don't think this guy will ever admit what he actually owns!!!

[ardwyad]

Michael Galzer:1) Is this a realistic situation and timeframe?
Not likely. Very very first, it actually is not clear if Day ) is the day the judgment becomes final or the day the jury/judge tends to make the award at the finish of trial. Generally court recommendations will specify some period of time (e.g ten days, 30 days, what ever) enabling the defendant to move for a new trial or to appeal right after the jury/judge tends to make its judgment ahead of the judgment is final. It is when the judgment is final that the enforced collection actions may well be taken. Second, unless the courts and sheriff's workplace in your county are considerably a lot more rapidly than these I've dealt with in the states where I practice, they will not act virtually as swiftly on the requests you submit to them as you have outlined appropriate here.
Michael Galzer:two) Is it not feasible for to have the Sheriff or Sheriff's Deputy peruse the defendant's property and home to see what he really has that belongs to him?
No. The sheriff can only enter the home upon a court order, and to get the order you have to show there are assets there to seize for your judgment. The sheriff can't go on a fishing expedition for you to attempt to find assets ? that would violate the constitution. Even if they could, most sheriffs are far also busy to act as the private detectives of judgment creditors. You have to do the leg operate to find out the assets your self.
The great news is that the Florida courts apparently automatically give with the judgment a type that the defendant is to fill out concerning his assets that have to be returned or face the prospect of contempt. That might eradicate the need for a hearing in aid of execution.
Michael Galzer:I don't contemplate this guy will ever admit what he genuinely owns!!!
No large surprise there. Welcome to the planet of collection. You are going to have to dig around oneself to find out what assets he could possibly have, and really probably you won't find them all (if, in truth he in truth has something, that is).

[barraq96]

Eileen Galzer:Does the customer (Opponent), pre-view, want to be informed of hearings or even a test by mail by the court?
Till California's rules are drastically diverse than a lot of states, the court will situation a notice to any or all parties setting the date for the test.
Contemplating your other post in regards to the defendant not appearing, what you are attempting to do right here? Expecting to get the offender so you can get a default judgment not to display? When you have self-self-assurance in your case, it is simpler to basically try the case on the merits. A judgment following a test is tougher for the offender to undo than the usual common judgment.

[Gaffney]

The rules of court will specify who offers notice of what.  Failure to follow the rules, provides the offended party a appropriate to a do over.

[Dunixi]

Understood.
Does the debtor (Defendant), pre-judgment, have to be notified of hearings or a trial by mail by the court?
 

[reinhard98]

I'm not attempting to do something apart from discover the logistics of how this works in a signal level. Possibly there's a pratical guide that describes what goes on if surfaces do not do things they're likely to and on occasion even should do (like provide notice of tests/reading).
Is that a necessity that the court give notice of hearing or trial and when the court does not give notice, then is that argument for appeal or various other treatment?