How to Collect on Court Judgments in Orlando, FL

Winning a lawsuit is a significant victory, but it doesn't always mean you'll see your money right away. The court's decision, or judgment, simply confirms that a debt is legally owed. Unfortunately, the court doesn't automatically enforce the payment. If the losing party—known as the debtor—refuses to pay, it's up to you, the creditor, to take action. This process can be complicated and time-consuming.

This guide explains the methods attorneys use for judgment collections in Orlando, FL. We will walk through the essential post-judgment procedures, from locating the debtor's assets to using legal tools like wage garnishments and property liens to secure your payment. Understanding these steps will help you navigate the process and decide on the best course of action for recovering what you are owed.

The First Step: The Final Judgment

Before any collection efforts can begin, you must obtain a final judgment from the court. This is the official court order that declares the debtor is legally obligated to pay you a specific amount of money. In Florida, a judgment is typically valid for 20 years and can often be renewed, giving you a long window to pursue collection.

Once you have this final judgment, it needs to be recorded with the county. Recording it creates a public record of the debt and is a crucial step for establishing liens on the debtor’s property.

Locating the Debtor's Assets

One of the biggest hurdles in collecting a judgment is figuring out what assets the debtor has and where they are located. A skilled attorney has several legal tools to uncover this information.

Fact Information Sheet

Florida law allows a judgment creditor to send the debtor a "Fact Information Sheet." This is a standardized form (Form 1.977) that the debtor is legally required to complete and return within 45 days. The form asks for detailed financial information, including:

• Employment details (employer's name and address)
• Bank account numbers and balances
• Real estate owned
• Vehicles, boats, and other valuable property
• Stocks, bonds, and other investments

If the debtor fails to return the completed form, they can be held in contempt of court, which may result in fines or even jail time. This makes the Fact Information Sheet a powerful starting point.

Post-Judgment Discovery

If the Fact Information Sheet isn't enough, attorneys can use formal discovery methods. These are the same tools used before a trial to gather information.

• Depositions: The attorney can require the debtor to appear for a deposition, where they must answer questions under oath about their finances. A court reporter transcribes the entire session, creating an official record. The debtor can also be asked to bring financial documents, like bank statements and tax returns, to the deposition.
• Interrogatories: These are written questions sent to the debtor, who must provide written answers under oath.
• Requests for Production: This is a formal request for the debtor to provide copies of financial documents, such as pay stubs, bank statements, deeds to property, and vehicle titles.

These discovery tools can reveal a complete picture of the debtor's financial situation, making it possible to identify which assets are available for collection.

Legal Tools for Collecting the Judgment

Once the debtor's assets have been identified, an attorney can use several legal procedures to seize them and satisfy the judgment.

Wage Garnishment

If the debtor is employed, wage garnishment is one of the most effective collection methods. The attorney obtains a "writ of garnishment" from the court and serves it on the debtor's employer. The employer is then legally required to withhold a portion of the debtor's wages and send the money directly to you or your attorney.

Florida law places limits on how much can be garnished. Generally, up to 25% of a debtor's disposable income can be garnished. However, if the debtor is the "head of family"—meaning they provide more than half of the support for a child or other dependent—their wages may be fully exempt from garnishment.

Bank Account Garnishment

A writ of garnishment can also be served on a bank where the debtor has an account. The bank must freeze the account and turn over any non-exempt funds up to the amount of the judgment. This is often a quick way to recover a significant portion of the debt.

It's important to note that certain funds are exempt, such as Social Security benefits, disability payments, and head-of-family wages that have been deposited into the account.

Property Liens and Seizure

For larger debts, seizing and selling the debtor's property may be necessary.

• Real Estate Liens: By recording your final judgment in the public records of any county where the debtor owns property, you automatically create a judgment lien on that real estate. This means that if the debtor tries to sell or refinance the property, your judgment must be paid off from the proceeds. The lien remains attached to the property for 10 years and can be renewed.
• Levy and Execution Sale: An attorney can obtain a "writ of execution" from the court, which instructs the local sheriff to seize the debtor's non-exempt personal property. This can include vehicles, boats, jewelry, art, and other valuables. The sheriff will then sell the property at a public auction, and the proceeds are used to pay off your judgment.

Florida's homestead exemption protects a debtor's primary residence from being seized to satisfy most judgments. However, other properties, such as vacation homes or investment properties, are not protected.

Navigating the Collections Process

Successfully collecting on a judgment requires persistence, legal knowledge, and a strategic approach. While it is possible for an individual to handle these steps alone, the process is filled with legal complexities and procedural requirements. A single mistake can cause significant delays or even result in the dismissal of your collection efforts.

Working with a professional specializing in judgment collections in Orlando, FL, can make all the difference. They have the experience to efficiently locate assets and use the right legal tools to enforce your judgment, increasing your chances of a successful recovery.

Get Help with Your Judgment Collection

Winning in court is only half the battle. If you have a court judgment that remains unpaid, don't let your legal victory go to waste. The team at HF Holdings Inc. has the expertise and resources to handle all aspects of judgment collections in Orlando, FL. We can help you navigate the post-judgment process and take the necessary steps to recover the money you are rightfully owed.

Contact HF Holdings Inc. today to discuss your case and get a quote for our services. Let us put our experience to work for you.