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 include writs of execution, garnishment, judgment liens, debtor’s examinations, and replevin . 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.




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:

  • Lien Duration: The lien lasts for up to 10 years and can be extended for an additional 10 years by re-recording the judgment.
  • Effectiveness: This method ensures that the defendant cannot easily transfer or sell the property without addressing the judgment.


Reference: Florida Statutes § 55.10 outlines the process for creating a judgment lien.



Debtor’s Examination


Description: A debtor’s examination allows the plaintiff to question the defendant under oath about their assets and income. This process helps identify available resources that can be used to satisfy the judgment.


Procedure:

  1. Filing a Motion: The plaintiff files a motion requesting the court to order the defendant to appear for a debtor’s examination.
  2. Court Order: The court issues an order for the defendant to attend a hearing.
  3. Examination: At the hearing, the plaintiff can question the defendant about their financial situation, including assets, income, and any hidden resources.


Key Points:

  • Subpoena Duces Tecum: The plaintiff can also request that the defendant bring specific documents to the examination, such as bank statements and tax returns.
  • Contempt of Court: If the defendant fails to appear or refuses to answer questions, they may be held in contempt of court.


Reference: Florida Rule of Civil Procedure 1.560 governs this process.



Replevin


Description: Replevin allows the plaintiff to recover specific personal property wrongfully held by the defendant. This action is appropriate when the plaintiff is entitled to possession of the property rather than monetary damages.


Procedure:

  1. Filing a Complaint: The plaintiff files a complaint for replevin, detailing the property and the right to its possession.
  2. Court Order: The court may issue an order directing the sheriff to seize the property and return it to the plaintiff.
  3. Bond Requirement: The plaintiff may be required to post a bond to cover any potential damages to the defendant if the replevin is later found to be wrongful.


Key Points:

  • Expedited Process: Replevin actions can be expedited, especially if the property is at risk of being damaged or disposed of.
  • Bond Amount: The bond amount is typically set at double the value of the property claimed, ensuring protection for the defendant in case of wrongful replevin.


Reference: Florida Statutes Chapter 78 details the replevin process.



Conclusion


Enforcing a judgment in Florida involves several potential post-judgment actions, each with specific procedures and legal requirements. Understanding these methods can significantly enhance the likelihood of successful judgment collection. Here’s a brief recap:


  1. Writ of Execution : Enables seizure and sale of the defendant’s non-exempt property.
  2. Garnishment : Allows withholding of wages or bank account funds.
  3. Judgment Lien : Places a lien on the defendant’s real property.
  4. Debtor’s Examination : Facilitates questioning the defendant about their assets.
  5. Replevin : Recovers specific personal property held by the defendant.


These actions provide powerful tools for plaintiffs seeking to collect judgments, ensuring that justice is effectively served. For those who need help navigating this complex area of law, Quattrochi, Torres & Taormina, P.A. can provide valuable guidance and assistance in executing these post-judgment remedies.


References :



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