Enforcing Judgments for Debt Collection in Orlando

Securing a judgment is a significant victory in a debt collection case, but it's often just the first step. The real challenge—and the most crucial part of the process—is actually collecting the money owed. This is where the expertise of a skilled debt collection attorney in Orlando, FL becomes invaluable. Without effective enforcement, a judgment is just a piece of paper.

If you have a judgment against a debtor, you might be wondering what comes next. How do you turn that court order into actual funds for your business? This post will walk you through the various legal tools and strategies attorneys use to enforce judgments and successfully recover debts in Florida. Understanding these methods can help you see the path forward and appreciate the importance of professional legal assistance in this complex process.

The Role of a Post-Judgment Attorney

Once a court issues a judgment in your favor, the case moves into the post-judgment phase. A common misconception is that the court will automatically ensure the debtor pays. In reality, the responsibility falls on you, the creditor, to actively enforce the judgment.

A debt collection attorney in Orlando, FL specializes in this enforcement phase. Their job is to use the legal system to compel the debtor to pay what they owe. They are equipped with the knowledge and resources to locate the debtor's assets and use various legal mechanisms to seize them. This proactive approach is essential for turning your legal victory into a financial recovery.

Discovering the Debtor's Assets

Before any collection action can begin, your attorney must first identify the debtor's assets. Debtors are often not forthcoming with this information, so legal tools are necessary to uncover their financial situation.

Fact Information Sheet

Under Florida law, a judgment creditor can send the debtor a "Fact Information Sheet" along with the final judgment. This is a standardized form that requires the debtor to disclose detailed financial information, including:

• Employment details and income
• Bank account information
• Real estate holdings
• Vehicles and other valuable personal property
• Business interests

The debtor is legally obligated to complete and return this form within 45 days. Failure to do so can result in the court holding them in contempt, which can lead to sanctions, including fines or even jail time.

Post-Judgment Discovery

If the debtor fails to return the Fact Information Sheet or provides incomplete information, your attorney can initiate more formal discovery procedures. These methods are designed to compel the debtor to reveal their assets under oath.

• Depositions: Your attorney can require the debtor to appear for a deposition, where they must answer questions about their finances under oath with a court reporter present. This allows for in-depth questioning and follow-up to uncover hidden assets.
• Interrogatories: These are written questions sent to the debtor, who must provide written answers under oath. They are a cost-effective way to gather specific financial details.
• Requests for Production: Your attorney can request that the debtor produce documents like bank statements, tax returns, pay stubs, and property deeds. This documentary evidence is crucial for verifying the debtor's financial status.

By using these discovery tools, a skilled debt collection attorney in Orlando, FL can create a comprehensive picture of the debtor's assets, paving the way for effective enforcement.

Legal Methods for Seizing Assets

Once your attorney has identified the debtor's assets, they can begin the process of seizing them to satisfy the judgment. Florida law provides several powerful mechanisms for this purpose.

Wage Garnishment

If the debtor is employed, wage garnishment is one of the most effective collection tools. Your attorney can obtain a court order, known as a Continuing Writ of Garnishment, that requires the debtor's employer to withhold a portion of their wages and send it directly to you, the creditor.

In Florida, there are limits on how much can be garnished. Generally, up to 25% of the debtor's disposable income can be garnished. However, if the debtor is the "head of household" (providing more than half the support for a child or dependent), their wages may be exempt from garnishment. An experienced attorney can navigate these rules and determine if wage garnishment is a viable option.

Bank Account Garnishment

Another common strategy is to garnish the debtor's bank accounts. Your attorney can serve a Writ of Garnishment on the bank where the debtor holds an account. This freezes the account and requires the bank to turn over any non-exempt funds up to the amount of the judgment. This can be a swift and effective way to recover a significant portion of the debt, as the funds are seized before the debtor has a chance to move them.

Property Liens and Levies

For debtors who own valuable property, your attorney can place a lien on their assets.

• Real Property Liens: By recording a certified copy of the judgment in the public records of any county where the debtor owns real estate, a lien is automatically created against the property. This means the debtor cannot sell or refinance the property without first paying off the judgment.
• Personal Property Liens: A lien can also be placed on personal property, such as vehicles, equipment, or inventory, by filing a judgment lien certificate with the Florida Department of State.

Once a lien is in place, your attorney can proceed with a levy. This involves obtaining a Writ of Execution, which directs the local sheriff to seize the debtor's property. The sheriff can then sell the property at a public auction, with the proceeds going toward satisfying the judgment. This process can be complex, but it is a powerful tool for collecting from debtors with significant tangible assets.

The Importance of Acting Quickly

It's important to remember that a judgment in Florida is valid for 10 years and can be renewed for an additional 10 years. However, the sooner you begin enforcement efforts, the higher your chances of a successful recovery. Debtors can move, change jobs, or transfer assets, making collection more difficult over time. A proactive debt collection attorney in Orlando, FL will start the enforcement process immediately to maximize your chances of getting paid.

Partner with an Experienced Collection Attorney

Enforcing a judgment requires specialized legal knowledge, persistence, and a strategic approach. The process involves navigating complex legal rules, conducting thorough asset investigations, and aggressively pursuing collection through various legal channels. For businesses and individuals in Florida, trying to handle this alone can be overwhelming and often unsuccessful.

If you're looking for a trusted debt collection attorney in Orlando, FL, to help you enforce a judgment and recover the money you are rightfully owed, the team at HF Holdings Inc. is here to help. We have the experience and resources to handle all aspects of post-judgment collection. Contact HF Holdings Inc. today to get a quote and take the next step toward turning your judgment into cash.