The Levey Law Firm, P.A.The Levey Law Firm, P.A.2026-10-24T00:46:21Zhttps://www.leveylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1304191/2024/12/cropped-favicon-levey512-32x32.jpgOn Behalf of The Levey Law Firm, P.A.<![CDATA[Can creditors garnish a business bank account in Florida?]]>https://www.leveylaw.com/?p=473932026-10-23T04:23:12Z2026-10-23T04:23:12ZWhen can creditors garnish an account?
Creditors usually need a court judgment before they can garnish a business bank account. A judgment confirms that the business owes money to the creditor. Once creditors obtain a judgment, they can ask the court for a writ of garnishment. They then send the writ to the bank that holds the business's money.
Under Florida law, the bank must freeze funds that fall under the writ. As a result, the business cannot withdraw that money while the court process continues. However, Florida law also allows garnishment before a final judgment in certain cases. Creditors must meet additional legal requirements to use this option.
How can businesses challenge garnishment?
A business may challenge garnishment if the creditor makes a mistake or tries to collect money that does not belong to the business. For example, the business may dispute the debt amount or claim that the creditor failed to follow the proper legal steps.
It can ask the court to cancel the writ. In many cases, the business has 20 days from the date on the creditor's required notice to file this request. If a bank freezes an account, business owners should:
Review the court documents
Check the amount the creditor claims
Confirm who owns the money
Look for possible errors in the garnishment
These steps can help owners decide what to do next. They should also act quickly because missing a deadline may limit their legal options.
How can businesses protect their finances?
A frozen bank account can make it difficult to pay employees, suppliers and other business expenses. Therefore, owners should explore their options before the problem affects daily operations.
Some businesses may negotiate a payment plan with creditors. However, reaching an agreement does not automatically release the frozen funds.
An attorney can review the garnishment and explain whether the business has grounds to challenge it. Legal advice may also help owners find ways to manage their debts and protect their operations.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[What happens to a judgment when a business dissolves in Florida?]]>https://www.leveylaw.com/?p=473912026-10-20T09:19:41Z2026-10-20T09:19:41ZDoes dissolution cancel the debt?
No. Dissolution does not automatically cancel a judgment. A dissolved company may still exist for limited purposes, such as winding up its affairs and paying valid claims. That said, collecting may be harder if the business has little money left or has already transferred assets.
What collection options may remain?
Even after a business dissolves, creditors have several legal pathways to recover unpaid judgments. Creditors may still be able to:
Collect from business assets that remain
Review whether assets were transferred before the judgment was paid
Enforce a valid lien, if one was properly created
Look for limited situations where an owner may be personally responsible
A business owner is not automatically liable for company debt. Personal liability usually depends on a guarantee, a legal duty or another specific basis.
Why timing matters
Creditors should act quickly after learning that a business is dissolving. Records, bank accounts and property transfers may change fast. Helpful documents may include:
Dissolution filings
Financial records
Asset transfer records
Judgment lien records
Contract and payment history
What creditors should do next
A business dissolution can make judgment collection harder, but it does not always end the creditor’s rights. The best next step is to review the company’s records and see what assets or legal claims may still be available.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[What creditors should know before filing a collection lawsuit]]>https://www.leveylaw.com/?p=473882026-09-29T15:35:16Z2026-09-29T15:35:16ZDo you have proof of the debt?
A creditor should keep records that show the debt exists and remains unpaid. Helpful documents may include signed contracts, invoices, payment records, account statements and written messages that acknowledge the balance.
If someone assigned or transferred the debt, the creditor may also need proof of the right to collect it. Missing records can make it harder to prove how much is owed or even who can file the claim.
Has the deadline passed?
Florida law sets deadlines for different civil claims. Under Florida law, claims based on a written instrument generally have a five-year deadline, while claims not based on a written instrument generally have a four-year deadline.
The deadline may begin when the claim accrues, which depends on the contract terms and the facts of the default. Creditors should confirm the correct start date before filing.
Are there likely defenses?
A debtor may dispute the amount owed or argue that the goods or services were defective, the contract was breached or part of the balance was already paid.
Before filing, creditors should gather records that address these issues. Contracts, invoices, delivery records, payment histories and correspondence can help show what the parties agreed to and what remains unpaid.
Creditors should also consider whether the debtor has assets that could make a judgment collectible. A court judgment does not always lead to payment.
A final check before filing
A collection lawsuit can be a useful option, but it also takes time and money. Reviewing the contract, payment history, evidence and possible defenses can help a creditor decide whether litigation makes sense.
An attorney familiar with Florida commercial collections can help review the claim and explain the available options before filing.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[How to place a lien on a debtor’s property]]>https://www.leveylaw.com/?p=473862026-09-28T06:01:50Z2026-09-28T06:01:50ZWhat must creditors do first?
A creditor generally needs an enforceable money judgment before using Florida lien remedies. If the judgment was entered in another state, the creditor must follow Florida's procedure for recognizing and enforcing that foreign judgment. Before taking action, creditors should confirm:
The judgment is final and enforceable
The judgment was recorded or filed under the correct Florida procedure
The debtor's property is not exempt
Other liens or claims have priority
The lien is still effective under the applicable time limits
Addressing these preliminary requirements early helps ensure a smoother lien creation process.
How does the recording process work?
The procedure depends on the type of property. For real estate, a creditor must follow the Florida recording procedure that applies to the judgment or lien and file in the county where the property is located. Recording may create or perfect a lien against qualifying property, subject to Florida law.
Creditors should confirm the correct county and recording requirements before filing. They should also check whether Florida's homestead exemption or another exemption protects the property. If the creditor is enforcing an out-of-state judgment in Florida, the law may require additional recognition and filing steps.
What happens after the lien attaches?
A judgment lien does not transfer ownership of the property. Instead, it gives the creditor a claim against qualifying property, subject to exemptions and superior liens.
Priority can depend on when and how the creditor records the lien and on other interests affecting the property. That can matter if the property is later sold or transferred.
Protecting enforcement right
Florida lien rules can vary by property type, so creditors should review the judgment, property records and exemptions before filing. Careful review can help identify available enforcement options and reduce filing errors.]]>by The Levey Law Firm, P.A.<![CDATA[Won a judgment in Florida? Here’s how creditors can collect]]>https://www.leveylaw.com/?p=473822026-09-16T11:35:19Z2026-09-16T06:58:37ZTurning 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.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[How long does a bank account garnishment take in Florida? ]]>https://www.leveylaw.com/?p=473812026-09-17T21:26:18Z2026-09-11T14:04:18ZThe process often takes three to six weeks
An uncontested bank account garnishment may take about three to six weeks from service of the writ to release, although local court schedules can extend that period. The bank generally acts on the writ within one business day, which may restrict the debtor’s access to covered funds. That hold preserves available funds while the procedure continues.
In Florida, the writ requires the bank, called the garnishee, to answer within 20 days after service. Its response identifies what it owes the debtor and what property it controls. You also send the debtor the required documents so they can claim an exemption or challenge the garnishment. If no dispute arises, you can request a final judgment against the bank and seek release of the covered funds.
Several factors can extend the timeline
Three to six weeks is just an estimate, not a guaranteed deadline. Service problems, contested funds and court schedules can prolong the hold. Certain factors can affect the schedule. Potential delays include:
An exemption claim: The debtor might argue that Social Security payments, veterans' benefits or other protected deposits cannot satisfy the judgment.
A joint account dispute: A co-owner may claim that some or all of the balance belongs to them.
An incomplete bank response: Missing details or an unclear answer can require further filings, discovery or a hearing.
A service defect: An incorrect address, omitted document or late notice may interrupt the procedure and require correction.
A competing claim: Another creditor could have an earlier writ or lien against the same money.
A court backlog: Even an uncontested request might await judicial review and entry of the final order.
These obstacles are not always within your control. Even so, accurate motions, prompt service and close deadline tracking usually limit preventable setbacks.
How accurate filings can support efficient recovery
Each notice, response period and court filing affects when you or your company receives payment. That timeline matters when preparing to seek the writ. Confirm the debtor’s identity, account information and remaining balance.
Legal guidance can strengthen that preparation, help you meet procedural requirements, respond to objections and pursue a final garnishment judgment. That support is especially valuable when protected deposits, joint owners or rival creditors complicate collection.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[How creditors can domesticate an out-of-state judgment in Florida]]>https://www.leveylaw.com/?p=473772026-08-25T13:43:40Z2026-08-25T13:43:40ZHow Florida handles out-of-state judgments
Florida follows the Uniform Enforcement of Foreign Judgments Act for sister-state rulings. A creditor must hold a final, valid judgment from another U.S. court. Once filed in the appropriate Florida circuit court, that judgment can support garnishment, levy and other enforcement measures.
Steps for filing a foreign judgment in Florida
A creditor should approach domestication with care. The process usually requires:
An authenticated or certified copy of the out-of-state judgment
An affidavit stating the names and last known addresses of both parties
A filing in the appropriate Florida circuit court
Proper notice mailed to the debtor after the judgment is filed
A review of any pending stay, appeal or partial satisfaction issues
Each step matters. Small filing errors can delay recognition and give the opposing party grounds to challenge the filing process rather than the underlying judgment itself.
Prepare for possible objections
A debtor generally cannot relitigate the underlying dispute. Still, objections may target jurisdiction, notice, finality or satisfaction. Once the creditor mails notice, the debtor has 30 days to seek a stay before enforcement can begin. If no valid challenge succeeds, Florida treats the registered ruling like one entered locally. At that point, a creditor may pursue available remedies against assets within the state.
Acting promptly to protect your collection options
Filing the judgment in Florida starts the process, but enforcement cannot begin until the 30-day notice period runs. An attorney can use this waiting period to locate assets and prepare the right enforcement steps before time runs out. The sooner a creditor files and finds available assets, the better the chance of actual recovery. Waiting gives a debtor time to move money or transfer property out of reach.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[Can a judgment creditor seize a debtor’s personal belongings?]]>https://www.leveylaw.com/?p=473742026-08-16T14:05:32Z2026-08-16T14:05:32ZKey exemptions creditors need to know
Before starting a levy, you must identify the legal exemptions that debtors might use to protect their assets. State law could shield assets like vehicles, luxury goods or electronics:
Constitutional exemption: Debtors could claim up to $1,000 in personal property value as exempt from seizure.
Wildcard exemption: If the debtor does not claim or benefit from a homestead exemption, they could protect an additional $4,000 in personal property or liquid cash.
Motor vehicle exemption: Debtors may be able to exempt equity in a single motor vehicle, subject to Florida law.
Tenancy by the entirety (TBE): You cannot seize jointly owned property of a married couple if your judgment is against only one spouse.
Protected accounts and income: State law shields head-of-family wages, retirement accounts (like IRAs and 401(k)s), annuities and life insurance cash value from collection.
If the sheriff levies on property, the debtor may have limited time from the date of seizure to file a sworn statement claiming legal protections. If the debtor files successfully, the court will order you to return the property.
Evaluating assets for collection
Although Florida law lets you levy personal belongings, broad exemptions mean seizing physical property often costs more than it is worth. Review the debtor’s assets carefully so you do not spend time or money pursuing property that is exempt.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[What happens after a writ of garnishment is issued in Florida?]]>https://www.leveylaw.com/?p=473712026-08-10T06:47:43Z2026-08-10T06:47:43ZServing the writ and notice
After the court issues the writ, a sheriff or authorized process server serves it on the garnishee, usually the debtor’s bank or employer. Service creates a lien on the covered property and requires the garnishee to answer within 20 days.
You must mail a copy of the writ and motion to the debtor’s last known address. For an individual debtor, the package must also include a notice explaining possible exemptions. The deadline is five business days after issuance or three business days after service on the garnishee, whichever is later, and you must then file a certificate of service.
Reviewing the response for accuracy
The garnishee’s answer to the writ identifies any money, wages or other property it owes or holds for the debtor. It must retain the covered assets while the case continues. Reviewing the response can help identify questions about the reported balance, claimed setoffs or ownership details that may affect the amount available for collection.
If any information seems incomplete or inaccurate, you have 20 days after receiving the answer to serve a reply addressing the disputed statements. The court generally treats an unchallenged response as true.
Responding to exemption and dissolution
A debtor may file a sworn claim seeking to protect wages, Social Security benefits or other property from garnishment. They may also seek a dissolution of the writ if they believe an allegation in your original motion is untrue.
For an exemption claim, you have 14 business days to file a sworn written objection after service by mail and eight business days after hand delivery. If the applicable period expires before you respond, the clerk dissolves the writ without a hearing and releases the affected property.
Securing judgment and collecting funds
After the deadlines pass and the court resolves any disputes in your favor, counsel may seek a final judgment based on the nonexempt money the garnishee owes or assets they hold for the debtor, without exceeding the amount still due. Once the garnishee complies with the order, the court can discharge them from further liability under the writ.
A bank garnishment generally covers funds the institution holds from service of the writ until it submits its answer. A continuing wage writ works differently: it directs the employer to make periodic payments from the debtor’s future earnings until those payments satisfy the judgment or the court orders otherwise.]]>On Behalf of The Levey Law Firm, P.A.<![CDATA[How personal guarantees help commercial debt collection]]>https://www.leveylaw.com/?p=473702026-08-05T06:13:54Z2026-08-05T06:13:54ZA business can do everything right and still face unpaid invoices or loan defaults. That is why many companies ask for a personal guarantee before extending credit. A personal guarantee can give creditors another way to recover money if a business cannot pay.
What is a personal guarantee?
A personal guarantee is a written promise. It says that one person, often the owner of a business, will pay a business debt if the company does not. The business still owes the debt, but the guarantor may also become legally responsible for the debt according to the terms of the guarantee.In Florida, Section 725.01, Florida Statutes, generally requires a promise to pay another person's debt to be in writing. A written agreement helps show what both sides agreed to before a dispute begins.This distinction matters because it explains why many businesses ask for one.
Why do creditors ask for one?
A personal guarantee gives creditors more than one possible source of payment. If the business cannot pay, the creditor may have the right to seek payment from the person who signed the guarantee, subject to the terms and enforceability of the guarantee. A personal guarantee may:
Increase the chances of recovering unpaid commercial debts
Encourage business owners to pay on time
Support claims involving unpaid invoices, loans or promissory notes
Lower the risk of extending commercial credit
The exact terms of the agreement matter. That is why every guarantee agreement deserves careful review.
What should businesses review?
Not every personal guarantee offers the same protection. Businesses should confirm that the agreement clearly identifies the debt, the parties and the conditions that make the guarantor responsible. They should also verify that the person signing the document has the legal authority to do so.If the guaranteed obligation involves a promissory note, additional provisions of Florida law may affect how the debt is enforced, including situations in which the original note has been lost or destroyed.Careful review before extending credit can help avoid problems later.A personal guarantee is not just another contract term. It can affect how a creditor responds if a business fails to pay. Businesses that understand these agreements before offering credit can make stronger financial decisions and reduce future collection challenges. If questions arise about a specific guarantee, a legal professional can explain how the agreement may apply to a particular situation.]]>