How to Enforce a Judgment in Florida: A Step-by-Step Guide

Winning a lawsuit is only half the battle. Once you have a judgment in your favor, the real challenge begins: actually collecting the money you're owed. Florida courts provide several mechanisms to help creditors enforce judgments, but navigating these procedures can be complex and time-consuming.

Whether you're a small business owner pursuing unpaid invoices or an individual seeking compensation for damages, understanding the judgment enforcement process is crucial for recovering what's rightfully yours. This comprehensive guide walks you through each step of enforcing a judgment in Florida courts, from locating assets to implementing collection strategies that actually work.

The judgment enforcement process requires patience, persistence, and knowledge of Florida's specific legal requirements. While some cases resolve quickly, others may take months or even years to fully collect. Understanding your options and the potential obstacles ahead will help you make informed decisions about how to proceed with your case.

Understanding Florida Judgment Law

Before diving into enforcement strategies, it's important to understand how judgments work in Florida. A judgment is a court order that establishes one party's legal obligation to pay money to another party. Once entered by the court, a judgment becomes a public record and creates a legal debt that must be satisfied.

Florida judgments are valid for 20 years and can be renewed for additional 20-year periods. This extended timeframe gives creditors substantial opportunity to collect, even if the debtor's financial situation improves over time. During this period, the judgment accrues interest at a rate determined by Florida statute, currently 4.78% per year.

The judgment also creates a lien against any real property owned by the debtor in the county where the judgment was entered. This lien can prevent the debtor from selling or refinancing their property without first satisfying the judgment debt.

Step 1: Obtain a Certified Copy of Your Judgment

Your first step in the enforcement process is obtaining a certified copy of your judgment from the clerk of court. This document serves as official proof of the debt and will be required for most enforcement actions. The certified copy must include the court's seal and clerk's signature to be valid for enforcement purposes.

Keep multiple certified copies on hand, as you'll need them for various enforcement procedures. Banks, employers, and other third parties will typically require original certified copies before complying with enforcement orders.

Step 2: Conduct Asset Discovery

Successful judgment collection requires knowing what assets the debtor owns and where they can be found. Florida law provides several tools for discovering debtor assets, each with specific procedures and requirements.

Information Subpoenas

An information subpoena allows you to require the debtor to appear in court and answer questions about their assets under oath. This powerful tool can reveal bank accounts, real estate, vehicles, business interests, and other valuable assets. The debtor must bring financial documents such as bank statements, tax returns, and business records.

Third-Party Subpoenas

You can also subpoena banks, employers, and other third parties who may have information about the debtor's assets. Banks must disclose account balances and transaction history, while employers must provide salary and employment information.

Public Records Searches

Many assets can be discovered through public records searches. Property records reveal real estate ownership, while Secretary of State filings show business interests. Vehicle registrations, professional licenses, and other public records can provide valuable leads for asset discovery.

Step 3: Choose Your Enforcement Method

Florida law offers several enforcement mechanisms, each designed for different types of assets and situations. The most effective approach often involves using multiple methods simultaneously or in sequence.

Wage Garnishment

Wage garnishment allows you to collect money directly from the debtor's paycheck before they receive it. Florida limits wage garnishment to 25% of disposable earnings or the amount by which weekly wages exceed 30 times the federal minimum wage, whichever is less.

Head of household exemptions provide additional protection for debtors who support dependents. However, these exemptions can be waived under certain circumstances or may not apply to higher-income earners.

Bank Account Garnishment

Bank account garnishment freezes the debtor's account and allows you to collect available funds up to the judgment amount. This method can be particularly effective because it captures money immediately, before the debtor can move or spend it.

However, certain funds in bank accounts may be exempt from garnishment, including Social Security benefits, unemployment compensation, and wages that haven't been on deposit for more than six months.

Asset Seizure and Sale

The sheriff can seize and sell the debtor's non-exempt personal property to satisfy the judgment. This includes vehicles, business equipment, jewelry, and other valuable items. Real estate can also be sold through judicial sale proceedings, though homestead exemptions may protect the debtor's primary residence.

Business Asset Collection

If the debtor owns a business, you may be able to garnish business bank accounts, seize business equipment, or obtain a charging order against the debtor's interest in a partnership or LLC. These methods require careful legal analysis to avoid potential complications.

Step 4: Navigate Exemptions and Obstacles

Florida law provides debtors with various exemptions designed to protect essential assets from creditors. Understanding these exemptions is crucial for developing realistic collection expectations and avoiding wasted enforcement efforts.

Homestead Exemption

Florida's homestead exemption is among the most generous in the nation, potentially protecting unlimited equity in a primary residence. However, the exemption has specific requirements regarding property size, use, and the debtor's declaration of homestead.

Personal Property Exemptions

Florida exempts up to $4,000 in personal property, $1,000 in motor vehicle equity, and various other items including tools of trade, retirement accounts, and life insurance proceeds. These exemptions can significantly limit collection opportunities in some cases.

Wage Protection for Low-Income Debtors

Debtors earning less than $750 per week may be completely exempt from wage garnishment if they qualify as head of household. This protection can make collection challenging when dealing with lower-income judgment debtors.

Step 5: Implement Collection Strategies

Successful judgment collection often requires persistence and creativity. Some debtors pay immediately when faced with enforcement action, while others require sustained pressure over time.

Payment Plans and Settlements

Many judgments are resolved through negotiated payment plans or lump-sum settlements for less than the full amount. These arrangements can benefit both parties by avoiding lengthy collection procedures and providing certainty about payment.

Monitoring and Repeat Enforcement

Debtor financial situations change over time. Regular monitoring through credit reports, public records, and periodic information subpoenas can reveal new collection opportunities. What seems uncollectible today may become recoverable in the future.

Professional Collection Services

Complex cases or those involving significant amounts may benefit from professional collection services. Experienced collection agencies and law firms have specialized knowledge, resources, and relationships that can improve collection outcomes.

Take Action on Your Florida Judgment

Enforcing a judgment in Florida requires knowledge, persistence, and often professional guidance. While the process can be challenging, Florida's comprehensive enforcement mechanisms provide creditors with powerful tools for recovering what they're owed.

Success in judgment collection depends on understanding your options, conducting thorough asset discovery, and implementing appropriate enforcement strategies for your specific situation. Don't let a hard-won judgment go uncollected due to lack of action or knowledge.

If you need help with judgment collections in Orlando, FL, contact HF Holdings Inc today to get a free quote. Our experienced team can evaluate your case, develop an effective collection strategy, and help you recover the money you're owed through Florida's court system.