Winning a lawsuit is only part of the battle.The other half is collected from the judgment debtor.If the debtor refuses to pay you will need to take further action.You should consider each method for collecting a judgment in Florida carefully.
Step 1: Do you know what you can take?
In a process called garnishment, you can seize financial assets from the debtor.If you want to collect future wages, consider whether to do so.Some of the wages will be sent to you by the employer.Checking or savings accounts are financial accounts.The bank can give you the money in your accounts.The accounts are for stock.A payment is due to the debtor.They will pay you instead of paying the debtor.
Step 2: Take the amount of wages you can collect.
Florida law forbids you from taking the debtor's wages.Depending on how much the debtor makes and what kind of judgment you are trying to collect on, the amount you canGarnish depends.You can only take 25% of someone's wages or the amount that exceeds 30 times the minimum wage, whichever is less.The debtor might make less than $243 a week.The minimum wage is 30 times less than this.You can take 50% of the debtor's disposable income if they owe child support.
Step 3: A writ of garnishment can be obtained.
You can ask for the writ at the clerk's office.Fees and a deposit will be required to file a short motion.You can find a sample online to use as a guide if your clerk has a fill-in-the-blank motion.You will need to give the exemption form to the debtor.
Step 4: The writ needs to be served.
The person owes the debtor money.If you are trying to recover future wages, serve the writ on the debtor's employer.The writ should be served on the bank.
Step 5: The debtor notice should be provided.
You need to give the debtor notice.You need to give a notice within five days of receiving your writ of garnishment or three days after.The debtor should be given a copy of your motion for writ of garnishment and the claim of exemption form.
Step 6: The debtor's exemption should becontested.
The debtor may think the property is exempt.Unemployment compensation, Social Security benefits, and public assistance are some of the money in their bank account.If a head of household provides more than half of the support for a child or other dependent, the debtor is exempt.The debtor will send you a copy of their exemption form if they want to claim an exemption.You have eight days to respond if you receive the statement by fax or hand.You have to make a statement under oath and file it with the court.You have 14 days to file your statement with the court if you receive the statement by mail.
Step 7: If necessary, attend the court hearing.
You will end up in court if there is a fight between the debtor and the garnishee.A judge will have to make a decision.Take your paperwork with you to court.
Step 8: Property should be identified to levy.
Land and buildings are included in real property.There is a legal right to payment on this property.The real estate cannot be covered by a homestead exemption.You can only levy the debtor's home in Florida.The property must be in the name of the debtor.Unless you have a judgment against both spouses, the property is exempt if they own it together.
Step 9: Get instructions.
You will work with the sheriff to take care of the property.Pick up a copy of the instructions from the sheriff or the court clerk in your county.
Step 10: There is a judgment liens.
The land records office for the county where the property is located has a certified copy of your court judgment.Tell the clerk what you want to do.Your lien can be renewed for another 10 years.
Step 11: A writ of execution is required.
Take your certified court judgment with you to the court clerk's office.If the sheriff needs more than one, you should make several copies.Ask the clerk for a writ of execution.You can pick up another copy from the clerk if you misplace your copy.
Step 12: There are liens on the property.
If liens have been placed on the debtor's real property, the sheriff needs to know.You can check to see if any have been filed at the land records office.Write down the names of any other liensholders as well as their addresses and the date that they recorded the liens.All of this information should be included in a signed affidavit.
Step 13: The levy instructions should be drafted.
You have to describe the real property for the sheriff.The legal description of property is more important than the tax records.The amount due and prior payments should be stated in your instructions.You should check with the sheriff's office.You must include a sample language in your instructions.Levy instructions should be typed.
Step 14: All documents should be collected.
You need to bring the following with you to the sheriff's office: The original writ of execution, a copy of the signed final judgment, and an affidavit of judgment liens.
Step 15: You have to pay your deposit.
Pay your cost deposit and hand all documents to the sheriff.The costs of the sheriff will be covered by this.If the sale brings in enough money, you will get your deposit back.
Step 16: Inform other lienholders.
Depending on your county, either you or the sheriff will notify them of the sale.The instructions should be checked.In Palm Beach County, the sheriff will use certified mail.You should send notifications this way in other counties.The date and time of the auction should be listed in your notice.
Step 17: You can advertise in the newspaper.
You need to advertise in a local newspaper for several weeks in order to let the public know about the auction.The time and location of the auction should be listed in the advertisement.If you want to advertise in a paper, ask the court clerk or sheriff.
Step 18: Receive the money.
The sheriff gets paid for the property when the highest bidder has cash in hand.The sheriff will distribute the proceeds from the sale based on their priority, which is to recover their costs and fees.You get your cost deposit back if enough money comes in.You get $500 for expenses even if you didn't spend it.Florida law sets this amount.The sheriff pays liensholders based on priority.If the sheriff runs out of money, you might not get anything.
Step 19: Personal property can be identified.
The sheriff can seize and sell the defendants property.If it is in Florida, this includes things like boats, cars, furniture, jewelry, horses, etc.You have to locate this property.The sheriff will not find it for you.Interrogatories can be served to find out what property the debtor has.If they lie to you, they have committed perjury.If the debtor has property in the state, you can hire a private investigator.If you search yourself, don't do anything that is illegal.
Step 20: If the property is exempt, check it out.
The sheriff cannot seize all of the property.The debtor can exempt $1,000 in a motor vehicle and $1,000 of other personal property.The exemptions do not apply if the debtor is a business.If the debtor and their spouse own the property together, it is exempt.They need to have taken ownership of the property at the same time they were married to be exempt.If a married couple buys a boat together and get joint title at the same time, it is probably exempt.If the husband buys the boat and his wife puts her name on the title two years later, it is not exempt and the sheriff can seize it.
Step 21: You have a right to file a lien with the state.
You can fill out the form at the website, which is at http://dos.myflorida.com/sunbiz/forms/judgment-lien/.If you want to file a certificate with the Florida Department of State, you have to make a copy of your records.You can pay the fee online or mail it in.You can renew the judgment liens for another five years.
Step 22: Ask for a writ of execution.
Speak to the court clerk after you get your judgment.You can ask the clerk for a writ of execution if you show them a copy of your signed judgment.The writ needs to be taken to the sheriff's department.
Step 23: If there are other liens, research them.
All people with liens on the property have to be notified before the sheriff can sell it.To find out if there are other liens, you need to search the www.sunbiz.org website.Check if any Uniform Commercial Code (UCC) security interests have been filed in the debtor's name at www.floridaucc.com.You will need to create an affidavit for the sheriff and include all of the information you found about other liens.You can either find an example online or a sample affidavit from the sheriff.
Step 24: The instructions for the levy should be given.
There is no mistake about what the sheriff takes if you describe the property that you want seized.The sheriff needs to know where the property is located.
Step 25: You can visit the sheriff.
Take your judgement, writ of execution, affidavit, and instructions.Call and ask ahead of time if the sheriff will need more than one copy of these documents.You will have to deposit money to cover some of the costs associated with the levy and sale.Take your check book with you.
Step 26: Notices should be provided to other liensholders.
Hold onto proof that you contacted them, and tell them the day and time of the sale.Their contact information should be included in their paperwork.The sheriff might contact them.
Step 27: The auction needs to be advertised.
The date, time, and location of the sale can be found in the local newspaper.If there is a particular newspaper you should use, check with the court clerk.How long do you have to run the ad?
Step 28: After the sale, get payment.
If you want, you can bid on the property at the auction.The sheriff pays the costs of the sale.The sheriff will refund your deposit if the proceeds cover all costs.The sheriff will pay for your costs even if you don't spend a lot.Judgement liens are paid based on priority.If someone filed a lien before you, they will be paid first.