Winning Is Only Half the Battle
Obtaining a favorable judgment in Florida court is a significant achievement — but it doesn't automatically put money in your pocket. The judgment debtor may not voluntarily pay, which means the judgment creditor must pursue post-judgment enforcement remedies to collect what they're owed.
Writ of Execution
A writ of execution directs the county sheriff to levy against the debtor's non-exempt assets. This can include bank accounts, vehicles, equipment, and other personal property. The sheriff conducts a sale and the proceeds are applied to the judgment. Florida law provides certain exemptions, including homestead protection and limits on wage garnishment.
Garnishment
Wage garnishment in Florida allows a judgment creditor to intercept a portion of the debtor's earnings before they receive their paycheck. Florida follows federal guidelines limiting garnishment to 25% of disposable earnings, with additional protections for low-income debtors. Bank account garnishment is also available and can be particularly effective.
Recording a Judgment Lien
Recording a certified copy of the judgment in any Florida county where the debtor owns real property creates a judgment lien. This lien attaches to the debtor's real estate and must be satisfied before the property can be sold or refinanced. Judgment liens are valid for 10 years in Florida and can be renewed.
Proceedings Supplementary
When standard collection methods prove insufficient, Florida Statute §56.29 provides proceedings supplementary — a powerful tool that allows the court to compel the debtor to appear and disclose assets, order third parties holding the debtor's assets to turn them over, and reach assets that may have been fraudulently transferred.
Act Quickly
Florida judgments are enforceable for 20 years but collection becomes more difficult as time passes. Debtors may move assets, change employment, or file for bankruptcy. Contact a litigation attorney experienced in post-judgment enforcement to develop a collection strategy promptly after obtaining your judgment.
Need Legal Help?
Contact Steele T. Williams, Esquire for a confidential consultation. (941) 378-1800.