Collecting a Judgment in Florida: Liens, Garnishment, and What the Debtor Can Protect

The judge signed the final judgment. After a year of litigation, a court has declared that the defendant owes your company the full balance, with interest and attorney's fees. Then nothing happens. No check arrives. The defendant's lawyer stops returning calls. The clerk's office, when asked, explains politely that the court does not collect money for anyone.

Collection is a separate legal process with its own tools. Creditors who use those tools quickly and in the right order tend to be paid, and creditors who wait find other creditors ahead of them. Florida also has a reputation as a debtor-friendly state, built on exemptions that place certain assets beyond any creditor's reach. A realistic collection plan accounts for both halves: what the law lets you take, and what it does not.

What does a judgment give you that the lawsuit did not?

Power. Before judgment, a creditor can only ask. After it, the creditor can place liens, freeze accounts, have property seized and sold, and compel the debtor to disclose assets under oath. A Florida judgment is enforceable for twenty years and earns interest at a rate the state sets. The debt itself is no longer open to argument. But the judgment attaches to nothing until the creditor takes the steps that make it attach, and the order of those steps matters.

How do judgment liens work?

Florida runs two separate systems. For real estate, the creditor records a certified copy of the judgment in the official records of each county where the debtor owns, or may later acquire, property. That creates a lien on the debtor's non-homestead real estate in that county, and it must be recorded again before it lapses to stay alive. For everything else, the creditor files a judgment lien certificate with the Florida Department of State. That filing creates a lien on the debtor's personal property in the state that is subject to levy, such as equipment, inventory, and vehicles, and it fixes the creditor's place in line. Among judgment creditors, priority goes by filing date. That is the reason to file in the first week, not the first year.

What is garnishment?

Garnishment reaches the debtor's money in someone else's hands. The creditor asks the clerk to issue a writ and serves it on the third party, most often a bank. The bank freezes what it holds for the debtor and reports the amount to the court; the debtor receives notice and a short period to claim exemptions; and the court then orders the funds paid over. Garnishment works when you know where the debtor banks, and the checks and wire confirmations from the years you did business together usually tell you. A writ can also be served on the debtor's own customers to capture money they owe the debtor, and on an employer to reach wages, within the limits described below.

Can the sheriff seize the debtor's property?

Yes, through levy and execution. The clerk issues a writ of execution, and the creditor delivers it to the sheriff of the county where the property sits, with instructions identifying what to take and a deposit toward costs. The sheriff levies on the property, advertises it, and sells it at public sale, and the proceeds are paid out by priority. Levy makes sense for assets with real resale value and no senior lien, so check the public filings first: a lender with a recorded security interest in the same equipment is paid before you are. Ownership interests in a limited liability company are treated differently. A creditor is generally limited to an order directing the company to pay the creditor any distributions the debtor would have received, with a broader remedy available against a company with a single member.

Which assets are off limits?

For individual debtors, a long list. Florida's constitution protects the homestead from most judgment creditors regardless of its value. Wages of a person who heads a household are largely exempt. Retirement accounts, annuities, and the cash value of life insurance are protected by statute. Property a married couple owns together as tenants by the entireties cannot be reached by a creditor of only one spouse. A modest amount of personal property and a vehicle are exempt as well. None of this protects a corporation or a limited liability company: the exemptions belong to people. A judgment against an operating business with assets is often collectible. A judgment against an individual depends on how that person's assets are held, which is why creditors ask owners for personal guaranties and why the timing of any transfers matters.

How do you find out what the debtor owns?

The court will help. A judgment can direct the debtor to complete a fact information sheet under oath, listing accounts, property, employment, and recent transfers, and a debtor who ignores it can be held in contempt. The creditor can take the debtor's deposition, demand documents, and subpoena banks, accountants, and business partners. Public records fill in the picture: deeds and mortgages, corporate filings, lien filings, court dockets, and vehicle and vessel titles. Where the search shows assets that were moved to relatives or to a new company, Florida provides a further procedure for reaching property in the hands of third parties.

When is a judgment worth pursuing?

Answer that before spending on enforcement. Is the debtor an operating business with accounts and receivables, or a shell? Is there real estate with equity? Are other creditors already ahead? Is a bankruptcy filing likely, which would halt collection and change the rules? Assets in another state can be reached by registering the judgment there, and a judgment from another state can be recorded in Florida and enforced like a local one. Liens and frozen accounts also produce negotiated results: a payment plan secured by the lien, or a discounted payoff now. Where the contract provided for attorney's fees, the cost of collecting is often recoverable too.

Salomon Smith PLLC represents businesses enforcing judgments and collecting commercial debts across South Florida, from the first lien filing through garnishment and levy. If you hold a judgment that has not been paid, call (305) 297-1018 for a free consultation, or learn more about our commercial collections practice.

This article is for general informational purposes only and is not legal advice.