Winning a lawsuit is only half the battle. If the losing party doesn't voluntarily pay the judgment, you need to use Florida's enforcement mechanisms to collect. Here's how the process works.
The judgment lien
Once you have a judgment, recording it in the county where the debtor owns real property creates a lien. In Florida, you can record the judgment in any county by filing a certified copy with the Clerk of Court. The lien attaches to any real property the debtor currently owns or acquires in the future in that county, and lasts for 20 years (renewable for another 20).
Writ of execution
A writ of execution directs the sheriff to seize and sell the debtor's non-exempt personal property. This can include business equipment, inventory, vehicles (subject to exemptions), and bank accounts. The sheriff conducts the levy and any sale proceeds (after costs) are applied to the judgment.
Wage garnishment
Florida allows garnishment of wages, though with limitations. Under federal law, only 25% of disposable earnings can be garnished (or the amount by which weekly earnings exceed 30 times the federal minimum wage, whichever is less). Head-of-household exemptions may further limit garnishment for individuals who provide more than half the support for a dependent.
Bank account garnishment
This is often the most effective collection tool. A writ of garnishment served on the debtor's bank freezes the account and, after a hearing, allows the creditor to seize funds. The debtor has limited exemptions - including wages deposited within the prior six months (subject to the same wage exemption rules).
Debtor's examination
If you don't know what assets the debtor has, you can compel a debtor's examination (also called proceedings supplementary). The debtor must appear and answer questions under oath about their assets, income, bank accounts, real property, and other holdings. Failing to appear can result in contempt of court.
Florida's homestead exemption
Florida has one of the nation's strongest homestead protections. A debtor's primary residence is generally exempt from forced sale to satisfy a judgment (with exceptions for mortgages, property taxes, and contractor liens). This can make collection challenging when real property is the debtor's primary asset.
When to involve an attorney
Post-judgment collection is procedurally complex and requires strict compliance with Florida's statutes and rules. An experienced debt recovery attorney can identify the most effective collection strategy for your specific situation and avoid procedural missteps that delay recovery.
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