Enforcing a Judgment in Florida: A Guide to Post-Judgment Actions

If you were ever in a situation where you sued someone and they failed to appear/respond to the lawsuit and the Court has entered a Default Judgment, and wondered “What happens next?” this article is for you.

Once a court in Florida enters a default judgment against a defendant, the plaintiff gains the legal right to seek various post-judgment actions to enforce the judgment and collect the awarded damages. This guide explains the steps a plaintiff can take, referencing relevant Florida laws and procedures. These actions include writs of execution, garnishment, judgment liens, debtor’s examinations, and replevin . Understanding these processes can help plaintiffs navigate the complexities of post-judgment enforcement in the State of Florida.

Writ of Execution

Description: A writ of execution allows the plaintiff to seize the defendant’s non-exempt property to satisfy the judgment. This is one of the most direct enforcement methods, as it involves physically taking possession of the defendant’s assets.

Procedure:

Key Points:

Reference: Florida Statutes § 56.021 .

Garnishment

Description: Garnishment involves withholding a portion of the defendant’s wages or bank account funds to satisfy the judgment. This method is effective for collecting from a defendant who has a steady income or significant bank deposits.

Procedure:

Key Points:

Reference: Florida Statutes Chapter 77 governs garnishment procedures.

Judgment Lien

Description: A judgment lien can be placed on the defendant’s real property, which prevents the defendant from selling or refinancing the property without paying off the judgment. This method is particularly useful for ensuring long-term payment.

Procedure:

Key Points:

Reference: Florida Statutes § 55.10 outlines the process for creating a judgment lien.

Debtor’s Examination

Description: A debtor’s examination allows the plaintiff to question the defendant under oath about their assets and income. This process helps identify available resources that can be used to satisfy the judgment.

Procedure:

Key Points:

Reference: Florida Rule of Civil Procedure 1.560 governs this process.

Replevin

Description: Replevin allows the plaintiff to recover specific personal property wrongfully held by the defendant. This action is appropriate when the plaintiff is entitled to possession of the property rather than monetary damages.

Procedure:

Key Points:

Reference: Florida Statutes Chapter 78 details the replevin process.

Conclusion

Enforcing a judgment in Florida involves several potential post-judgment actions, each with specific procedures and legal requirements. Understanding these methods can significantly enhance the likelihood of successful judgment collection. Here’s a brief recap:

These actions provide powerful tools for plaintiffs seeking to collect judgments, ensuring that justice is effectively served. For those who need help navigating this complex area of law, Quattrochi, Torres & Taormina, P.A. can provide valuable guidance and assistance in executing these post-judgment remedies.

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