Federal judge denies Commissioner Joe Carollo’s attempt to stop collection on $63M verdict


A federal judge has denied Miami Commissioner Joe Carollo’s attempt to stop or slow down the effort to collect on a $63.5 million judgment against him.

The order, issued by U.S. District Court Judge Rodney Smith late Friday, is the latest legal setback for the embattled commissioner who lost a lawsuit brought by two Little Havana businessmen who said Carollo weaponized city resources to harass their businesses and carry out a personal vendetta.

After a civil trial last year, a jury awarded the businessmen William “Bill” Fuller and Martin Pinilla with a $63.5 million verdict.

Even though the men have acknowledged they likely won’t see anywhere near that sum from the commissioner, they have sought to garnish his wages and seize his assets, including his Coconut Grove home, to satisfy at least part of the judgment.

On Feb. 2, U.S. Marshals began the process of seizing Carollo’s home and property. The move followed a court order in January that cleared the path for seizing the commissioner’s assets.

Carollo asked the court to pause the process pending his appeal of the verdict and other ongoing motions. If that wasn’t possible, he at least wanted authorities not to be able to enter his home.

In Friday’s order, Smith said Carollo would have needed to obtain a bond worth 110% of the total judgment for a stay to be considered, according to federal rules.

“Here, [Carollo] has failed to meet his burden of demonstrating his ability, or inability, to satisfy the judgment,” Smith wrote. “Other than unsupported statements in the Motion, [Carollo] has provided the Court with no evidence to support his claim that posting a bond would impose an undue financial burden.”

Carollo has maintained that he shouldn’t need a bond or pay the $63.5 million as it will cause “undue hardship,” and the total amount will never be fully collected. He instead would want to agree to a more manageable financial plan — a plan that Smith said he has not seen.

In another attempt to keep his property, Carollo filed for a homestead exemption this year on his Grove residence, which could be seized and auctioned to help pay for part of the judgment.

The house would become his primary home if the application were approved, making it exempt from seizure — but an expert told the Miami Herald it is too late for the exemption to block the seizure process.

READ MORE: Can you lose your home when you lose a court case? Why Miami’s Joe Carollo faces seizure

Carollo and his attorneys have said the seizure of his home would be illegal under the Florida Constitution because he lives in the home. He has said he has not been given due process by the court.

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