Introduction
Winning a judgment in court is only half the battle. Enforcing it — actually collecting the money — is where most creditors get stuck. A judgment is just a piece of paper until you use Florida’s enforcement tools to turn it into real dollars.
Florida law provides multiple options for creditors, from garnishing wages to placing liens on property. But each option has rules, deadlines, and exemptions you need to know. This guide gives you a step-by-step roadmap to enforce a judgment in Florida in 2025.
Step 1: Record the Judgment
The first move after winning in court is to record your judgment in the county where the debtor owns property.
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File a certified copy of the judgment with the Clerk of Court.
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Once recorded, the judgment acts as a public lien on any real estate the debtor owns in that county.
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The lien lasts for 10 years and can be re-recorded for another 10 years, keeping your rights alive.
Case Example: If a debtor owns a rental property in Orange County, recording your judgment there means you’re first in line when they try to refinance or sell.
Step 2: Locate the Debtor’s Assets
You can’t collect without knowing what the debtor has. Florida law gives you post-judgment discovery tools to uncover assets:
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Fact Information Sheet (Form 1.977): Debtors must disclose assets, bank accounts, and income sources under oath.
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Depositions & Interrogatories: Formal questioning where you can dig into business interests, vehicles, and accounts.
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Public Records & Skip Tracing: Property appraiser sites, DMV, Sunbiz (business registry), and credit checks.
Pro Tip: Many creditors stop after recording. The real success comes from persistent asset discovery.
Step 3: Use Enforcement Tools
Once you’ve identified assets, you can force collection with Florida’s legal remedies.
1. Writ of Garnishment
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Used to freeze wages or bank accounts.
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Serve the writ on the debtor’s employer or bank.
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Money is withheld and turned over once exemptions are resolved.
Example: A debtor earning $1,200/week could have a portion garnished until the judgment is satisfied.
2. Writ of Execution
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Directs the sheriff to seize non-exempt property.
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Vehicles, boats, or equipment can be levied and sold at auction.
Example: A construction company’s work truck could be seized to satisfy part of the judgment.
3. Judgment Liens (Statewide)
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File with the Florida Secured Transaction Registry.
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Creates a lien on the debtor’s personal property across the state.
4. Charging Orders
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If the debtor owns an LLC, a charging order lets you intercept distributions.
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This is one of the few ways to reach assets in Florida LLCs.
Step 4: Understand Florida Exemptions
Florida protects certain property from creditors. Wasting time on exempt assets is the #1 rookie mistake.
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Homestead Exemption: A debtor’s primary residence is almost always untouchable.
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Head of Household Wages: If they support a family, much of their income may be exempt.
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Retirement Accounts: 401(k)s and IRAs are generally off-limits.
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Personal Property: Up to $1,000 of household goods, or $4,000 if they don’t claim homestead.
Key: Focus on non-exempt assets like rental properties, non-head-of-household wages, and business interests.
Step 5: Keep Your Judgment Alive
Judgments don’t last forever. In Florida:
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Valid for 20 years total.
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You must re-record liens every 10 years.
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Don’t miss deadlines — if you do, the judgment dies.
Example: If you won a judgment in 2015 and re-record in 2025, you’re protected until 2035.
FAQs About Enforcing Judgments in Florida
Q1: Can I enforce a Florida judgment in another state?
Yes. You can domesticate it in another state under the Uniform Enforcement of Foreign Judgments Act. This is essential if the debtor moves.
Q2: What if the debtor files bankruptcy?
Most civil judgments are dischargeable in bankruptcy, but debts from fraud, child support, or DUI may not be. Always check before spending money on enforcement.
Q3: Can I collect after 10 years if I forgot to renew?
If the lien isn’t renewed, it lapses, but the judgment itself may still be enforceable up to 20 years. You just lose lien priority.
Q4: Can I garnish joint bank accounts?
Yes, but it’s messy. Florida law allows garnishment of accounts, but co-owners can file claims of exemption.
Practical Checklist
✅ Record judgment with Clerk of Court.
✅ Search property appraiser & Sunbiz for assets.
✅ Serve Form 1.977 to force disclosure.
✅ File writs of garnishment and execution.
✅ Watch exemptions to avoid wasted motions.
✅ Renew liens every 10 years.
Conclusion
Enforcing a judgment in Florida takes persistence, timing, and the right legal tools. By recording your judgment, locating assets, and using remedies like garnishments, levies, and liens, you increase your chances of turning paper into payment.
If this process feels overwhelming, you don’t have to go it alone. Professionals who specialize in judgment enforcement can take the lead and maximize your recovery.
