Creditor Guide

Creditor Debtor Law Florida Section


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Creditor Debtor Law Florida Article

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Can a Creditor Obtain a Judgment Without Serving the Debtor?


In regard to the question, "Can a creditor obtain a judgment without serving the debtor?" the answer is no. Protected by federal laws under the Fair Debt Collection Practices Act (FDCPA), an unsecured creditor, whether by agreement or not, may not grab or seize the debtor's money or any other property which proves the NO answer to the question, "Can a creditor obtain a judgment without serving the debtor?" The creditor is required by law to sue the debtor for a money judgment. Once this is obtained, the money needs to be reinforced through seeking of property through another process, called the "execution."

In "Can a creditor obtain a judgment without serving the debtor?" the judgment against the creditor remains unsecured without the execution process. Getting a judgment from a judge does not mean money will be collected automatically. A step-by-step process needs to be followed by the individual, creditor, or collection agency:

• The judgment most be entered in the state where the debtor resides or has their assets:
➢ Legal steps are required to force the debtor to pay the judgment.
➢ If contested, a hearing will be held
• All judgment liens should be perfected immediately:
➢ Liens for personal property assets are filed with the Secretary of State for a Notice of Judgment Lien to be served to the judgment debtor.
➢ Liens are allowed to be placed in lawsuits, with a lien allowed to be placed on the potential settlement remaining.
➢ During this time, the judgment debtor is not allowed to sell, refinance, or transfer the property designated without paying the judgment lien.
• An enforced judgment by the creditor by executing upon the debtor's assets is done:
➢ A "Writ of Execution" from the Court to the Sheriff's Office to have assets owned by the debtor seized to satisfy the judgment.
➢ Items include: wages, bank accounts, and vehicles.

To fulfill the question, "Can a creditor obtain a judgment without serving the debtor?" one needs to know the entire creditor system in order to not only follow it but to apply it. People who do not have money cannot pay bills, but the system has a process to find out what you do have, to collect it from a court order. In order for them to obtain this information, a private investigator may be hired to locate the assets, or a court scheduling for a supervised examination of the debtor regarding their assets. "Can a creditor obtain a judgment without serving the debtor?" has an answer of no, but following the legal steps and obtaining a judgment may provide payment to the creditor in the long run.

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