Post-Judgment Collections in Florida: A Creditor’s Guide to Recovering Debt

Securing a judgment in your favor is a significant legal victory, but it is often only half the battle. In many cases, debtors do not voluntarily pay what they owe, making post-judgment collections a crucial process for creditors seeking to recover funds. Understanding your rights as a creditor and the steps a post-judgment collections attorney takes to enforce a judgment can significantly improve the likelihood of successful recovery.

What Are Post-Judgment Collections in Florida?

Post-judgment collections refer to the legal processes creditors use to enforce a court judgment when a debtor fails to pay voluntarily. In Florida, a judgment grants the creditor the legal right to pursue collection efforts through various enforcement mechanisms. However, the responsibility falls on the creditor to take proactive steps to collect the debt, as courts do not automatically enforce payment.

Judgments in Florida are valid for 20 years, providing creditors with a long window to collect. Additionally, a judgment can be recorded as a lien against the debtor’s real property, ensuring that any sale or refinancing of assets accounts for the debt.

Creditor’s Rights in Post-Judgment Collections

Once a judgment is obtained, creditors have several legal rights to enforce payment, including:

1. Garnishment: Creditors can garnish the debtor’s wages or bank accounts to satisfy the judgment, subject to Florida’s exemption laws.

2. Property Liens: Creditors can place a lien on the debtor’s real estate, which may force payment when the property is sold or refinanced.

3. Levies and Executions: A court can authorize the seizure and sale of the debtor’s personal property or assets to satisfy the judgment.

4. Debtor Examinations: Creditors can compel the debtor to appear for an examination under oath to disclose assets, income, and financial records.

5. Assignment Orders: Courts may direct third parties, such as tenants or business partners, to pay the creditor directly from money owed to the debtor.

   
   

Steps a Post-Judgment Collections Attorney Takes to Collect a Debt

A post-judgment collections attorney employs various legal tools and strategies to enforce a judgment. Here’s a detailed breakdown of the process:

1. Locating the Debtor’s Assets

The first step is to identify assets that can be used to satisfy the judgment. Attorneys use investigative methods such as:

• Conducting asset searches

• Reviewing public records for property ownership

• Examining bank account information and employment records

2. Recording the Judgment as a Lien

If the debtor owns real property, the attorney will record the judgment with the county clerk, creating a lien that attaches to the debtor’s real estate.

3. Initiating Garnishment Proceedings

A creditor may garnish the debtor’s wages or bank accounts by filing a motion with the court. If approved, the employer or bank is required to withhold funds to satisfy the debt.

4. Requesting a Writ of Execution

If garnishment is not an option, the attorney may request a writ of execution, allowing the sheriff to seize and sell the debtor’s personal property.

5. Conducting a Debtor’s Examination

If the debtor’s financial situation is unclear, the attorney can request a court order requiring the debtor to disclose their assets under oath.

6. Negotiating a Settlement or Payment Plan

If the debtor cannot pay the full amount, an attorney may negotiate a structured payment plan or settlement agreement to ensure partial recovery.

Conclusion

Post-judgment collections in Florida require diligence and legal expertise to enforce a court ruling effectively. Creditors have multiple rights and enforcement tools at their disposal, but navigating these options can be complex. Hiring an experienced post-judgment collections attorney ensures that the right strategies are employed to maximize recovery efforts and secure the funds owed to you.