Winning a judgment can feel like a major step forward, but a judgment alone does not guarantee payment. If the debtor does not pay voluntarily, you may need to take additional steps under Florida law to enforce the judgment.
Knowing your collection options can help you pursue the money you are owed and move closer to recovering your judgment.
Turning a judgment into real recovery
Winning a judgment does not always mean you will get paid right away. If the debtor does not pay, you may be able to place a lien on certain property, giving you a legal claim against it. You may also ask the court for a writ of execution, which can allow certain property to be taken and sold to help pay the judgment.
Florida law protects certain debtor assets from collection. The homestead exemption generally protects a debtor’s primary residence from forced sale. Wages may also receive partial or full protection, especially for heads of household. Knowing which assets qualify for exemptions can help guide collection efforts.
Garnishing bank accounts and reaching debtor assets
If the debtor does not pay, Florida law gives you several ways to pursue the judgment:
- Bank account garnishment: You may ask the court to garnish money in the debtor’s bank account to help pay the judgment.
- Writ of execution: You may ask the court for a writ that allows you to take and sell certain property to help pay the judgment.
- Finding assets: You may be able to obtain information about the debtor’s property and finances to find assets you can pursue.
Some property receives protection under Florida law, so you cannot use every asset to satisfy a judgment.
Collecting from businesses and out-of-state debtors
If the debtor is a business, Florida law may allow you to pursue money owed to that business by its customers, such as unpaid invoices, through a garnishment proceeding against those third parties.
In certain situations, Florida law allows you to use garnishment to reach money or property that a third party holds for the debtor. If you have a qualifying out-of-state judgment, you may also be able to record and enforce it in Florida.
Turning your judgment into payment
Waiting for payment after winning a judgment can feel frustrating. Knowing your options under Florida law can help you recover your money with greater confidence.