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Information for Clients

Is it important that we password protect the documents we exchange with your office?

Absolutely! It is critical. There are several state and federal laws that require us to take every reasonable precaution to protect the privacy of debtors. All documents, spreadsheets, etc. should be password protected. Remember that you already have a password established for your internet status access. Please use that password for all documents so we are able to recover your password if needed.

How much does it cost to sue someone in Florida?

Is it true that you cannot garnish wages or bank accounts in Florida?

What type of documentation does Florida require in order to get a judgment entered?

It depends on many factors such the type of case, who the Judge is, and how contested the case becomes. Florida courts are generally reasonable about documentation. 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 will likely lose. If the case is contested and you do lose, you may have to pay the other party’s attorney fees and/or costs (Chapter 57, Florida statutes).

Does Florida permit testimony by telephone?

How long can you take to serve someone in Florida before the summons “goes bad”?

How long are judgments valid in Florida?

Do Florida judgments accrue interest?

How long do judgment liens exist?

There are essentially two types of judgment liens, liens on real estate (realty) and personal property (personalty). Realty liens are created when a certified copy of the judgment is recorded in the county in which the non-exempt property is located. Realty liens are good for 10 years and can be renewed once. Personalty liens are recorded by filing a Judgment Lien Certificate with the Secretary of State. For more details, visit 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.

If I pay to sue someone and then recover the losses, how do I get reimbursed for my initial expenses?

If our company sells a debt that has been placed with Hiday & Ricke, what notice do you need of that sale?

If you have additional questions, please email us.

Information for Carriers

Our goal is to work with opposing carriers and to provide as much information as possible to streamline the process. Following are a few questions and answers that may assist you in working with Hiday & Ricke:

Why did our insured receive a letter from your firm when they have a carrier?

Where can the release be sent?

Where should payments be sent?

Who should we contact to discuss the claim?

Information for Employers/Garnishees

Have you been served with a writ of garnishment?

Some companies are not sure how to react or comply when they are served with a Writ of Garnishment. Garnishments are very important legal matters, and if you fail to respond, or do it improperly, it can be very costly for your company. The questions and answers below are designed to help you be in full compliance. We urge you to hire an attorney to assist you. If you don’t already have an attorney, the Florida Bar Association can help you find a representation.

How do we fill out the paperwork that I received?

If you are an employer, when you were served, we provided you with a sample answer to help, in case you are not using an attorney and don’t know how to answer. Complete the form and then file it with the court and fax/email/mail a copy of it to our firm so we will know that you have filed it and what it says. We have a copy of that sample answer on this website in case you cannot find the one we sent you. Download the Sample Answer (PDF).

Where do we send the answer?

Our employee is already being garnished, what should I do?

How do we know when to stop the garnishment?

When do we send the payments?

What do we do if the employee is terminated, laid off or goes on a leave of absence?

What happens if we don’t file an answer?

What about exempt funds?

Understanding the process of a case

You’re in an accident or an incident that is the fault of another party. You are insured but the other person is either uninsured or doesn’t have enough insurance.
Our client (the insurance company) pays your claim (according to your policy agreement), less your deductible.
Our client then tries to recoup their money from the other party, often a very difficult task. If they are unable to collect, the insurance company hires our firm. The idea is that if we sue the person(s) that caused the damages the insurance company (and you) can get partially or fully repaid.
Once the new case comes in from the insurance company, you receive a letter letting you know that we are now involved.
This notification is a courtesy to make sure you are fully informed.
We then contact any other carrier that may be involved, and make every attempt to resolve the matter without litigation. In many cases these efforts are successful, and any funds collected are given to the insurance company.
The insurance company will then contact you and send you a check for the portion of the recovery that is reimbursable to you, pursuant to the terms of your policy.
In the event that the case must go to litigation, you will be notified so that your claim is pursued. If you already have an attorney, we’ll fully cooperate with your counsel of choice.
If you agree to allow Hiday & Ricke to handle the deductible part of the claim by returning the package that we provide to you, you then become a client of our firm, just like the insurance company.
The next step is for us to go to court. We file suit, do our best to serve the other party and go from there.
If the case proceeds, we will contact you and keep you informed regarding our need for you as a witness. If the case goes to trial, we will need you to testify. We will carefully and completely prepare you for this process.
Once the case is concluded, the Court will enter a judgment. We then use the power of the judgment to take further steps to collect the debt. At any point in this process, we may collect the debt. When we do, the funds are paid to the insurance company, and they pay you the appropriate amount.

For more information, email or call us toll-free: 1-888-370-1776 Ext. 107 for further details about your case. If you have a claim that is covered by FIGA (Florida’s state guaranty fund), you can learn more about how to file a claim here.

NOTE: If your address or other contact information should change, please inform us at your first opportunity so we can stay in touch.