How to Collect on a Court Judgment in Florida: What You Need to Know After You Win

You’ve won your case. The judge has entered a judgment in your favor. The hard part is over, right? Not quite. In Florida, obtaining a court judgment is only the first step; the real challenge often lies in actually collecting the money you are owed. A 2023 report from the Florida Courts indicated that a significant percentage of monetary judgments go uncollected without proactive enforcement. A judgment is not a check—it’s a court order that gives you the legal right to collect, but it’s up to you (and your attorney) to use the tools provided by Florida law to turn that paper victory into actual funds. This guide will walk you through the key methods and considerations for collecting on a judgment in the Sunshine State.

What Does a Florida Judgment Actually Mean?

A judgment is a formal declaration by the court that one party (the judgment debtor) owes a specific sum of money to the other (the judgment creditor). It is a legally enforceable debt. However, the court will not automatically collect the money for you. As the judgment creditor, you must initiate post-judgment proceedings to identify the debtor’s assets and use legal remedies to seize or secure those assets to satisfy the debt. The judgment also accrues statutory interest, which can significantly increase the total amount owed over time.

Wage Garnishment: A Direct Path to Payment

One of the most effective tools for collecting a judgment is wage garnishment, also known as a continuing writ of garnishment against salary. This process requires the debtor’s employer to withhold a portion of the debtor’s disposable earnings each pay period and send it directly to the court registry or your attorney. Florida law limits garnishment to the lesser of 25% of the debtor’s disposable earnings or the amount by which their weekly disposable earnings exceed 30 times the federal minimum wage. Certain types of income, like Social Security and disability benefits, are typically exempt from garnishment. This method provides a steady stream of payments until the judgment is satisfied.

Bank Levy: Seizing Liquid Assets

If you can locate the debtor’s bank accounts, you can seek a writ of garnishment to levy (freeze and seize) the funds in those accounts. This is a one-time action against the funds on deposit at the moment the bank is served. The bank is required to hold the funds and respond to the writ. It’s a powerful tool, but it requires accurate, up-to-date financial information. Be aware that certain funds in bank accounts, such as federal benefits, may be exempt from seizure, and the debtor has an opportunity to claim those exemptions.

Property Liens: Securing Your Interest

Placing a lien on the debtor’s personal property is another enforcement option. For tangible personal property like vehicles, boats, or business equipment, you can obtain a writ of execution from the court. The county sheriff will then levy (seize) the property, which can be sold at auction to satisfy the judgment. This process involves specific procedural steps and costs for the sheriff’s service and sale.

Judgment Liens on Real Estate: A Long-Term Strategy

Recording your judgment with the county clerk creates a judgment lien on any non-exempt real property the debtor owns in that county. This lien attaches to the property and acts as a cloud on the title, meaning the debt typically must be paid before the property can be sold or refinanced. The lien is valid for 10 years and can be renewed for another 10, giving you a long window to collect. To force the sale of the real property, you would need to initiate a separate foreclosure action on the judgment lien.

Navigating the Homestead Exemption Pitfall

Florida’s homestead exemption is one of the strongest in the nation and presents a major hurdle for judgment creditors. Article X, Section 4 of the Florida Constitution protects a debtor’s primary residence from forced sale by most judgment creditors. There are very limited exceptions (e.g., for liens for taxes, mortgages, mechanic’s liens, or obligations related to the property itself). This means that even if you have a valid judgment lien on the debtor’s home, you generally cannot force its sale to pay your judgment while they live there. The lien will remain, however, and may be collectible when the property is voluntarily sold or upon the debtor’s death, depending on the circumstances. Understanding this exemption is critical to developing a realistic collection strategy.

Ready to Enforce Your Judgment?

Successfully collecting a judgment requires a strategic and persistent approach, combining asset investigation with the precise application of Florida’s legal remedies. Missing a step or misunderstanding an exemption can waste time and resources. At Finberg Firm PLLC, we help judgment creditors navigate this complex process to maximize recovery. Ready to enforce your judgment? Schedule your FREE 2026 consultation at finbergfirm.com.