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Frequently Asked Questions
Like most firms, we get a lot of the same questions on a daily
basis. This page is to help you get those questions answered at
your convenience, 24/7. If you would like to suggest more content
to this page, email us with your thoughts.
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How much does it cost to sue someone in
Florida? It
depends. While the legislature sets some statewide fees,
they vary from county to county, depending on the
amount of your suit, the number of parties involved, and
other factors. We have filed thousands of cases all over the
state, and our experience shows that the general average
cost is about $300.00 to take a case to judgment and start
some post judgment discovery.
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If I spend the money
to sue someone and then make a recovery, how does that work,
do I get my "cost" money back?
Yes, you do. As a matter of fact, our firm has a policy (and
computer program) which ensures that you get all of your
court costs back "off the top" of any recovery made. That
means every time we recover anything from the debtor, you
get the first dollars until your costs are repaid in full.
Only then do we begin factoring in any contingent fee that
we may be entitled to under our agreement.
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Is it true that you cannot
garnish wages or bank accounts in Florida?
No, it is absolutely not true. There are some limitations,
but it is done all the time. As a matter of fact, Florida
has a very reasonable wage garnishment statute. For example,
wage garnishments last until the debt is paid in full,
including all post judgment interest and costs.
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Does Florida require
stringent documentation in order to get a judgment entered?
That depends on many factors, such as the Judge, the type of
case involved, and how contested the case becomes. Our
courts are generally very reasonable (contrary to popular
belief) about documentation. Common sense rules here. In
order to win a case, you have to prove it. If you do not
have any documents to prove that there was an agreement, you
could lose. If the case is contested and you do lose, you
may wind up having to pay attorney fees and/or costs. (See
Chapter 57, Florida statutes).
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Does Florida permit
telephonic testimony? In
many cases, yes. It depends on the nature of the case, how
hotly contested the facts are, and the judge. We frequently
go to trial with telephonic witnesses.
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How long can you take to
serve someone in Florida before the summons "goes bad"?
Generally, Florida has a 120 day service rule. You are
supposed to serve the opponent in a suit within 120 days of
the date that the suit is filed.
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How long are judgments valid
in Florida? The statute of
limitations on judgments in Florida is 20 years. You can
execute on a judgment at any time during that period.
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Do Florida judgments accrue
interest? Yes. The rate
changes from year to year and is set near the end of
December of each year by the Comptroller of the Currency.
Presently the rate is 11%.
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How long to judgment liens
exist? There are essentially
two types of judgment liens, liens on realty (real estate)
and on personalty (personal property). Realty type
liens are created when a certified copy of the judgment is
recorded in the county in which the non exempt realty is
located. Those are good for 10 years and can be renewed.
Personalty liens are recorded by a filing with the Secretary
of State. For more details on those, see
www.sunbiz.org. It is
our view that in most instances the personalty type liens
are of little value. They may also subject you (as a
judgment creditor) to certain liability.
We sincerely hope that the
above information has been useful to you. Please let us know
if you have further questions.
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