Winning a lawsuit is not the end of the fight.The other half of the money is collected from the judgment debtor.If the debtor doesn't pay you'll need to take further action.You should consider all of the methods for collecting a judgment in Florida.
Step 1: Pick out what you can take.
In a process called garnishment, you can seize financial assets from the debtor.If you want to collect future wages, consider whether to do so.Some of the wages will be sent to you by the debtor's employer.Checking or savings accounts are financial accounts.The bank can give you the money in the accounts.There are stock accounts.There is a payment to be made to the debtor.They will pay you instead of paying the debtor.
Step 2: You can calculate the amount of wages that you can take.
Florida law doesn't allow you to take the debtor's wages.Depending on how much the debtor makes and what kind of judgment you are trying to collect on, the amount you canGarnish depends.You can only take 25% of someone's wages or the amount that exceeds 30 times the minimum wage, whichever is less.The debtor might only make $243 a week.The minimum wage is less than 30 times this.You can take 50% of the debtor's disposable income if they owe child support.
Step 3: There is a writ of garnishment.
You can ask for the writ from the clerk's office.Fees and a deposit are required to file a short motion.If your clerk has a fill-in-the-blank motion, you can find a sample online to use as a guide.You need to give the exemption form to the debtor.
Step 4: The writ should be served on the person who owes it.
The person owes money.If you are trying to recover future wages, serve the writ on the debtor's employer.The writ should be served on the bank.
Step 5: The debtor notice needs to be provided.
You need to give the debtor notice.You need to give a notice within five days of receiving your writ of garnishment or three days after.The debtor should be given a copy of your motion for writ of garnishment and the claim of exemption form.
Step 6: Contest the debtor's exemption.
The debtor might think the property is exempt.Unemployment compensation, Social Security benefits, and public assistance are some of the money in their bank account.If a debtor is a head of household who provides more than half of the support for a child or other dependent, they are exempt.The debtor will send a copy of their exemption form to you.You have eight days to respond if you receive the statement by fax or hand.You have to make a statement under oath and file it with the court.You have 14 days to file your statement with the court if you receive it by mail.
Step 7: If you have to, attend a court hearing.
You will end up in court if you fight the garnishment.A judge will have to make a decision.Take your paperwork with you to court.
Step 8: Make a list of property to levy.
Land and buildings are included in real property.There is a legal right to payment on this property.The real estate cannot be covered by a homestead exemption.You can only levy the debtor's home in Florida.The property must be in the name of the debtor.Unless you have a judgment against both spouses, the property is exempt if they own it with each other.
Step 9: You should get instructions.
You will work with the sheriff to take care of the property.Pick up a copy of the instructions from the sheriff or the court clerk if you need them.
Step 10: You can file a judgment.
A certified copy of your court judgement can be found at the land records office.Tell the clerk what you want to do.Your lien can be renewed for another 10 years.
Step 11: You should get a writ of execution.
Take your certified court judgment with you to the court clerk's office.If the sheriff needs more than one, make several copies.The clerk can give you a writ of execution.You can pick up another copy from the clerk if you misplace your copy of the court judgment.
Step 12: There are other liens on the property.
The sheriff needs to know if liens have been placed on the debtor's real property.You can check to see if any have been filed at the land records office.Write down the names of any other liensholders as well as their addresses and the date they recorded the liens.All of this information should be included in a signed affidavit.
Step 13: The levy instructions should be drafted.
You have to give a description of the real property for the sheriff.Look at the legal description of the property.The amount due and prior payments should be stated in your instructions.You should check with the sheriff's office.You must include sample language in your instructions.Levy instructions should be typed.
Step 14: All documents can be collected.
You must bring the following with you to the sheriff's office: The original writ of execution, a copy of the signed final judgment, and an affidavit of judgment liens.
Step 15: Pay your deposit.
All documents should be handed to the sheriff.The costs of the sheriff will be covered by this.If the sale brings in enough money, you will get your deposit back.
Step 16: You should notify other lienholders.
Depending on your county, either you or the sheriff will notify them of the sale.Check the instructions.In Palm Beach County, the sheriff will use certified mail.Notification should be sent this way in other counties.The date and time of the auction should be listed in your notice.
Step 17: There is a place to advertise in the newspaper.
You need to advertise in a local newspaper for several weeks to let the public know about the auction.The time and location of the auction should be listed in the advertisement.If you want to advertise in a paper, ask the court clerk or sheriff.
Step 18: Receive the payment
The highest bidder pays the sheriff for the property.The sheriff will distribute the proceeds from the sale based on their priority, which is to recover their costs and fees.You get your cost deposit back if enough money comes in.You get $500 for expenses even if you don't spend it.Florida law sets this amount.The sheriff pays liensholders based on their priority.If the sheriff runs out of money, you won't get anything.
Step 19: Pick out personal property.
The sheriff can seize and sell the defendants property.If it is in Florida, this includes things like boats, cars, furniture, jewelry, horses, etc.You need to find this property.The sheriff will not find it for you.Interrogatories can be served to find out what property the debtor has.They have committed perjury if they lie to you.If you need to find out if the debtor has property in the state, you can hire a private investigator.If you search yourself, don't do anything that is illegal.
Step 20: If the property is exempt, you should check it out.
The sheriff can't seize all the property.The debtor can exempt $1,000 in a motor vehicle and $1,000 of other personal property.The exemptions do not apply if the debtor is a business.If the debtor and their spouse own the property together, it is exempt.They must have taken ownership of the property at the same time they were married to be exempt.If a married couple buys a boat together and get joint title at the same time, it is probably exempt.If the husband buys the boat and his wife puts her name on the title two years later, it is not exempt and the sheriff can seize it.
Step 21: The state has a lien on your house.
You can fill out the form at the website, which is at http://dos.myflorida.com/sunbiz/forms/judgment-lien/.If you want to file a certificate with the Florida Department of State, you have to make a copy of your records.You can pay the fee online or mail it in.You can renew the judgment liens for another five years.
Step 22: If you want a writ of execution, please ask.
Speak to the court clerk after you get your judgment.You can ask the clerk for a writ of execution if you show them a copy of your signed judgment.The writ needs to be taken to the sheriff's department.
Step 23: If there are other liens, do you research them?
All people with liens on the property must be notified before the sheriff can sell it.To find out if there are other liens, you need to search the www.sunbiz.org website.Check if any Uniform Commercial Code (UCC) security interests have been filed in the debtor's name at www.floridaucc.com.You will need to create an affidavit for the sheriff and include all of the information you found about other liensholders.You can either find an example online or a sample affidavit from the sheriff.
Step 24: The instructions are for the levy.
There is no mistake about what the sheriff takes if you describe the property you want seized.The sheriff needs to know where the property is located.
Step 25: Please visit the sheriff.
Take your judgement, writ of execution, affidavit, and instructions.Call and ask ahead of time if the sheriff will need multiple copies of these documents.You will have to deposit money to cover some of the costs associated with the sale and levy.You should bring your check book.
Step 26: Notices to other lienholders should be given.
Hold onto proof that you contacted them, and tell them the day and time of the sale.Their contact information should be included in their paperwork.The sheriff might contact them in some counties.
Step 27: The auction should be advertised.
The date, time, and location of the sale can be found in the local newspaper.If there is a particular newspaper you need to check with the court clerk.How long must you run the ad?
Step 28: Pay after the sale.
If you want, you can bid on the property at the auction.The sheriff pays the costs of the sale.The sheriff will refund your deposit if the proceeds cover all costs.The sheriff will pay for your costs even if you don't spend a lot.Judgement liens are paid based on priority.If someone filed a lien before you did, they will be paid first.