Associated Receivables Funding of Florida, Inc. v. Moecker

Appellant, Associated Receivables Funding of Florida, Inc., appeals an order denying its motion for relief from judgment. We reverse.

In 2003, Appellant obtained a $395,000 consent judgment against Commerce Thru Digital Technology (“Commerce”) and one of its officers, Michael A. Rivers (“Rivers”), in Rivers’ individual capacity. In 2004, Commerce became unable to pay its debts and executed an assignment for benefit of creditors 1 to Michael Moecker (“Moecker”). The assignment required Moecker to liquidate Commerce’s assets, collect all claims and demands, and pay and discharge in full the…