Frequently Asked Questions (FAQ)


How long will it take to get a Judgment?

If the defendant is served within two or three days of filing the complaint, and the defendant fails to responds, a final default judgment may take approximately six weeks. If the defendant has insufficient defenses, then perhaps approximately two months. If the defendant has substantial defenses, it would be a case by case analysis.

How do I analyze if it is cost-effective to pursue this matter?

By looking at the case backwards, i.e. reviewing the collectibility of the anticipated judgment debtor.

In a commercial debt, 1) researching if other creditors are pursuing, e.g. judgment liens and UCCs; and 2) Reviewing the tangible assets on the premises which do not have liens; and if the debtor transferred business assets to an insider, i.e. shell corporation or family member, to avoid creditors.

In a consumer debt, 1) researching the individual’s status vis a vis debtor-friendly exemption laws, e.g. homestead, tenancies by the entireties, head of household earnings, retirement funds.

If exemptions do not apply, review investment property’s equity, vehicle and vessels’ lien status, and if the consumer may have transferred assets to avoid the creditor.

How long will it take to recover the rental property?

In an eviction proceeding, if the tenant fails to respond within 5 days of service, or fails to deposit money in the Court registry, then 5-10 days, depending on the Judge’s and the Sheriff’s docket. If the tenant does respond and deposit monies in the registry, then a case by case analysis.

In a replevin of personal property, if the creditor posts a bond for twice the value of the property, and a writ and break order are issued, then approximately 5-10 days, depending on the Judge’s and Sheriff’s dockets, and the property has not been moved since filing the action.

If the action is not pre-judgment, by not posting bond, approximately 30 days after service, a show cause hearing will take place, and if successful, then approximately 5-10 days from the hearing, depending on the Sheriff’s docket and the property has not been moved since filing the action.

Didn’t find what you were looking for? Send in a question through this contact form or call the office at (305) 358-9045.

Commercial Evictions

Roy L. Weinfeld, P.A. may assist to allay those frustrations. By forwarding those AR's to the Firm, you may have extra teeth

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HOA/Condo Collections

Roy L. Weinfeld, P.A. also focuses on South Florida Condominium Collections and Condominium Lien Law.

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Landlord/Tenant Law

Roy L. Weinfeld, P.A. has represented numerous clients to draft and review commercial and residential leases all throughout South Florida

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Testimonials

Ramón E. Mas Canosa
Roy is well versed in his field and a true Professional. Dedicated and results oriented.
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A true professional! Roy Weinfeld is truly a pleasure to work with as he consistently delivers excellence.
Ron Cohn
Roy is a very capable and knowledgeable creditor's counsel who has done a great job for several clients I have referred to him over the years. He is very effective and efficient. I do not hesitate in recommending him for any secured or unsecured creditor matter.
Thomas Avrutis
Roy is an excellent attorney. He is well researched ,personable and experienced. He is a pleasure to work with and strong in his representation. I have no hesitation in standing behind his work.
Samuel Migus
Roy is a very experienced lawyer I have known for more than 10 years. He has always shown true profesionnalism and strong determination.
Van Huynh-Leap
Roy excels both as a professional and person.As a professional, he displays the intellect, analytical skills, and persistence you want in an attorney. He also demonstrates the accessibility and attentiveness you want as a client. As a person, Roy thinks of others before himself, which is further reflected in his community involvement.

Contact Information

2665 S. Douglas Road, Suite 805
Miami, FL. 33133

Tel. 786.423.6898
Email: rlw@weinfeldlaw.com

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