Enforcing a Judgment in Florida: A Guide to Post-Judgment Actions

If you were ever in a situation where you sued someone and they failed to appear/respond to the lawsuit and the Court has entered a Default Judgment, and wondered “What happens next?” this article is for you.

Once a court in Florida enters a default judgment against a defendant, the plaintiff gains the legal right to seek various post-judgment actions to enforce the judgment and collect the awarded damages. This guide explains the steps a plaintiff can take, referencing relevant Florida laws and procedures. These actions includewrits of execution, garnishment, judgment liens, debtor’s examinations,andreplevin. Understanding these processes can help plaintiffs navigate the complexities of post-judgment enforcement in the State of Florida.

Writ of Execution

Description: A writ of execution allows the plaintiff to seize the defendant’s non-exempt property to satisfy the judgment. This is one of the most direct enforcement methods, as it involves physically taking possession of the defendant’s assets.

Procedure:

1. Requesting the Writ: The plaintiff must file a motion with the court requesting a writ of execution.
2. Issuance: Upon approval, the court will issue the writ.
3. Sheriff’s Role: The writ is delivered to the sheriff, who is responsible for seizing and selling the defendant’s property to satisfy the judgment.

Key Points:

• Exempt Property: Certain properties are exempt from execution under Florida law, including the defendant’s homestead, certain personal property, and wages of the head of a household.
• Sheriff’s Sale: The seized property is typically sold at a sheriff’s sale, with the proceeds applied to the judgment amount.

Reference:Florida Statutes § 56.021.

Garnishment

Description: Garnishment involves withholding a portion of the defendant’s wages or bank account funds to satisfy the judgment. This method is effective for collecting from a defendant who has a steady income or significant bank deposits.

Procedure:

1. Filing for Garnishment: The plaintiff files a motion for a writ of garnishment with the court.
2. Issuance and Service: Once the writ is issued, it is served on the defendant’s employer or bank.
3. Withholding Funds: The employer or bank is required to withhold the specified funds and transfer them to the plaintiff.

Key Points:

• Head of Household Exemption: Wages of the head of a household are generally exempt from garnishment unless the defendant has agreed otherwise in writing.
• Garnishment Limits: Federal law limits the amount that can be garnished from wages, generally capping it at 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.

Reference:Florida Statutes Chapter 77 governs garnishment procedures.

Judgment Lien

Description: A judgment lien can be placed on the defendant’s real property, which prevents the defendant from selling or refinancing the property without paying off the judgment. This method is particularly useful for ensuring long-term payment.

Procedure:

1. Recording the Judgment: The plaintiff must record a certified copy of the judgment with the clerk of the circuit court in the county where the property is located.
2. Creating the Lien: The recorded judgment becomes a lien on the defendant’s real property in that county.

Key Points: