Obtaining a judgment is a critical first step in debt collection, but the actual collection of money owed requires understanding post-judgment enforcement procedures. In Florida, judgment creditors have several powerful tools to enforce their judgments and recover the money owed. Understanding these enforcement mechanisms is essential for successful debt recovery.

The Writ of Execution

The foundation of post-judgment enforcement in Florida is the writ of execution. This court order authorizes the sheriff to seize and sell the debtor’s nonexempt personal property to satisfy the judgment. A creditor must request this writ from the court and identify the specific property to be seized. The sheriff then locates and takes possession of the property, which is sold at public auction with proceeds applied to the judgment debt.

Bank and Account Garnishment

One of the most effective enforcement tools is bank garnishment under Florida Statutes 77.01 and 77.03. When a creditor knows the debtor maintains a bank account, the creditor can garnish funds held in that account. The creditor files a motion stating the judgment amount, the court issues a writ of garnishment, and the writ is served on the bank. The bank must answer within 20 days of service stating what it holds, and the debtor has 20 days after receiving the statutory notice to file a sworn claim of exemption.

Bank garnishments are particularly effective because they directly access liquid funds. However, the debtor may claim certain funds as exempt. Florida law protects certain amounts in accounts designated as payroll deposits, and exempt funds cannot be taken regardless of the judgment.

Wage Garnishment

Wage garnishment is another powerful collection tool governed by Florida statutes. However, Florida law provides strong protections for debtors. Under Florida Statute 222.11 and the federal Consumer Credit Protection Act (15 U.S.C. 1673), for a debtor who is not a head of family the maximum that can be garnished from wages is the lesser of 25 percent of weekly disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage. A debtor who provides more than one-half of the support for a child or other dependent is a head of family under Florida Statute 222.11. If a head of family’s disposable earnings are $750 a week or less, none can be garnished; if they exceed $750 a week, they may not be garnished unless the debtor signed a written waiver that meets the statute’s form requirements.

Additionally, certain income is exempt from wage garnishment entirely, including Social Security benefits, unemployment compensation, and public assistance benefits. Creditors must carefully navigate these exemptions when pursuing wage garnishment.

Judgment Liens on Real Property

A creditor can file a judgment lien against the debtor’s real property to secure the judgment. Under Florida Statute 55.10, once a certified copy is recorded with the creditor’s address, the judgment becomes a lien on the debtor’s real property in that county for an initial period of 10 years from recording. It can be extended for another 10 years by re-recording before expiration with a current-address affidavit, but under Florida Statute 55.081 no lien can outlast 20 years from the date the judgment was entered.

While judgment liens do not automatically give the creditor the right to force a sale of the property, they do ensure the creditor’s claim is satisfied from proceeds when the property is sold or refinanced. Real property liens are valuable security interests for judgment creditors.

Asset Discovery and Debtor Examination

Florida law provides creditors with tools to discover the debtor’s assets. Through debtor examination proceedings, also called post-judgment interrogatories or asset hearings, a creditor can compel the debtor to appear in court and answer detailed questions about their assets, income, and financial condition. Under Florida Rules of Civil Procedure 1.580, a judgment creditor may compel the debtor to attend a hearing and produce financial documents and records.

This examination is a critical tool for identifying which assets are available for collection. Debtors who fail to appear or refuse to answer questions can face contempt sanctions.

Fraudulent Transfer Recovery

If a debtor transferred assets to avoid collection, Florida law provides remedies. Under Florida Statute 726, creditors can pursue fraudulent transfer actions to recover assets improperly transferred. A fraudulent transfer occurs when a debtor transfers property with the intent to hinder, delay, or defraud creditors, or when a transfer occurs without receiving reasonably equivalent value while insolvent.

Pursuing fraudulent transfers requires careful legal analysis and evidence, but can be highly effective in recovering assets that a debtor attempted to hide.

Domesticating Out-of-State Judgments

If the debtor has assets in other states, Florida law provides for domesticating out-of-state judgments. Under the Uniform Enforcement of Foreign Judgments Act, a creditor can register a judgment from another state in Florida and obtain the same enforcement rights as if the judgment was originally entered in Florida. This simplifies the process of pursuing assets located in multiple states.

Learn more about enforcing your judgment by visiting our debt collection lawyer Florida page.

Frequently Asked Questions

What is the first step after obtaining a judgment?

After obtaining a judgment, the creditor should request the court issue a writ of execution. This court order authorizes the sheriff to locate and seize nonexempt property belonging to the debtor.

Can a creditor garnish all of a debtor’s bank account funds?

No. A creditor can garnish funds in a bank account, but certain amounts may be exempt, including funds designated as payroll deposits up to certain amounts and funds protected by federal law.

What are the limits on wage garnishment in Florida?

Wage garnishment in Florida is limited to the lesser of 25 percent of weekly disposable earnings or the amount by which earnings exceed 30 times the federal minimum wage. Additionally, certain types of income are entirely exempt.

How long does a judgment lien last in Florida?

A judgment lien on real property lasts 10 years from the date it is recorded and can be extended once for another 10 years by re-recording before it expires, but it can never last more than 20 years from the date the judgment was entered.

What is a debtor examination?

A debtor examination is a court hearing where the judgment creditor can compel the debtor to appear and answer questions about their assets, income, and financial condition under oath. This helps identify assets available for collection.

Can a creditor recover assets a debtor transferred to avoid payment?

Yes. If a creditor can prove a fraudulent transfer occurred, they can pursue recovery under Florida’s fraudulent transfer laws. This requires showing the debtor transferred assets with intent to defraud creditors or without receiving adequate value.

Ready to Enforce Your Judgment?

Enforcing a judgment requires knowledge of Florida statutes, local procedures, and aggressive collection strategies. Ludwin Law Group has substantial experience in post-judgment enforcement. If you have obtained a judgment and need assistance collecting, contact us for a free consultation.

Judgment Enforcement in Florida: Garnishment, Liens, and Asset Discovery