You went through months of litigation. You won. The court issued a judgment in your favor.
And then you discovered the uncomfortable truth: winning the lawsuit is only half the battle. Collecting the money is the other half.
In Florida, a court judgment doesn’t automatically put money in your pocket. It gives you the legal right to collect — but you have to act on that right. Here’s what you need to know.
Why Judgment Collection Is Hard (and What You Can Do About It)
Florida has some of the broadest debtor protection laws in the country. The Florida Constitution and statute provide significant exemptions that shield many assets from judgment creditors. This is by design — Florida wants to protect individuals from losing their homes and livelihoods over debts.
But that doesn’t mean collection is impossible. It means you need strategy.
Step 1: Record the Judgment as a Lien
Once you have a final judgment, record it with the clerk of court in every Florida county where the debtor owns real property. This creates a judgment lien that attaches to any non-exempt real estate the debtor owns or acquires in that county.
A recorded judgment lien:
- Prevents the debtor from selling or refinancing property without satisfying the judgment
- Stays on the property for up to 20 years (renewable)
- Earns interest at the Florida legal rate (currently 8.5% annually)
Important: Florida’s homestead exemption is very broad. A primary residence is generally protected from judgment liens unless the debt relates to the property itself (e.g., a mortgage or contractor’s lien). Don’t assume real property is collectible without analyzing the homestead issue.
Step 2: Conduct Post-Judgment Discovery
Before you can collect, you need to know what the debtor owns. Florida Rules of Civil Procedure allow you to compel the debtor to disclose their assets through:
- Fact Information Sheets (Form 1.977): The debtor must complete a form disclosing all assets, income, and financial accounts
- Depositions in Aid of Execution: Examination under oath about the debtor’s finances
- Document Requests: Bank statements, tax returns, property records
A debtor who refuses to cooperate with post-judgment discovery can be held in contempt of court. This is a powerful enforcement tool.
Step 3: Identify Collectible Assets
Non-Exempt Assets (Collectible)
- Bank accounts (non-exempt funds)
- Investment/brokerage accounts
- Business assets (accounts receivable, equipment, inventory)
- Vehicles (one motor vehicle up to $1,000 equity is exempt — amounts above are collectible)
- Non-homestead real property
- Rental income
Exempt Assets (Generally Protected)
- Homestead real property (primary residence)
- Up to $1,000 in personal property (or $4,000 if no homestead claimed)
- Wages of a “head of household” (wages of someone supporting a family)
- Retirement accounts (401(k), IRA, pension)
- Life insurance cash value and annuities
- Social Security, disability, and unemployment benefits
Strategic note: Many judgment debtors deliberately convert non-exempt assets into exempt ones (e.g., paying down their mortgage). This can be challenged as a fraudulent transfer if done after the judgment.
Step 4: Enforcement Tools
Writ of Execution
A writ of execution directs the county sheriff to seize non-exempt property and sell it to satisfy the judgment. This works best for tangible assets like vehicles, equipment, or inventory.
Writ of Garnishment
Garnishment reaches money owed to the debtor by third parties — most commonly bank accounts and wages.
- Bank garnishment: Freezes the debtor’s bank account. The bank holds funds for a period while the debtor can claim exemptions; if no valid exemption, the funds are turned over to you.
- Wage garnishment: Limited in Florida. Only available if the debtor is NOT the head of a household. Most individual debtors can claim the head-of-household exemption. For corporate debtors, wage garnishment against their employees is different.
Charging Order (for LLC/Partnership Interests)
If the debtor owns an interest in a Florida LLC or partnership, you can obtain a charging order — this entitles you to receive any distributions that would otherwise go to the debtor, without taking over the business itself.
Fraudulent Transfer Claims
If the debtor transferred assets to friends, family, or related entities to avoid collection, the Florida Uniform Fraudulent Transfer Act (FUFTA) allows you to unwind those transfers. Key red flags: transfers made for less than fair value, transfers to insiders, transfers that leave the debtor insolvent.
Collecting Against a Business Debtor
Collecting against a Florida corporation or LLC is often more straightforward than against an individual:
- Businesses don’t have a homestead exemption
- Business bank accounts are generally not exempt
- Accounts receivable can be garnished
- Equipment and inventory can be levied
However, if the business is a single-member LLC or closely held corporation with minimal assets, you may need to explore piercing the corporate veil — holding the owner personally liable — which requires showing the owner used the entity as an alter ego or instrument of fraud.
Out-of-State Debtors: Domesticating a Foreign Judgment
If you have a Florida judgment but the debtor moved to another state (or you have an out-of-state judgment and the debtor is in Florida), you can domesticate the judgment in the new state under the Uniform Enforcement of Foreign Judgments Act (UEFJA), which most states have adopted.
This is a relatively simple process — file a certified copy of the judgment with the new state’s court — but must be done before the statute of limitations runs in that state.
How Long Do You Have? Judgment Validity in Florida
In Florida, a judgment is valid for 20 years from the date it was entered, and earns interest at the statutory rate during that period. You can also renew the judgment before it expires.
Don’t let a valid judgment sit idle — the debtor’s financial situation can change. A judgment debtor who is broke today may own property or have significant bank balances in a few years.
When to Hire a Judgment Collection Attorney
Consider professional help when:
- The amount justifies legal fees (typically $10,000+)
- The debtor is claiming exemptions you believe are fraudulent
- There are complex business entities involved
- The debtor transferred assets to avoid collection
- You need to collect across multiple states
- The debtor is hiding assets or being uncooperative with discovery
Many judgment collection matters can be handled on a contingency or hybrid fee basis, making professional assistance accessible even when the debtor currently appears judgment-proof.
Frequently Asked Questions
Get Help Collecting Your Judgment in Florida
At Finberg Firm PLLC, we represent clients in both obtaining judgments and enforcing them. Attorney Hao Li is licensed in both Florida and Minnesota, with experience in commercial litigation, post-judgment collections, and business disputes.
If you have an uncollected judgment — or are approaching litigation and want to understand your realistic collection prospects before you spend money on a lawsuit — we can help you think through the strategy.
📋 Schedule a consultation: finbergfirm.com/contact
This post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact a licensed Florida attorney to discuss your specific situation.