This is one of the procedures covered in the guide to filing and winning a Florida small claims case. It picks up after the judge has ruled in your favor: you now hold a money judgment, and the job is turning that paper into payment. Florida gives a judgment creditor several enforcement tools, each with its own paperwork and its own limits.
After you win: the judgment is yours to enforce
A small claims judgment is a court order stating that the defendant, now the “judgment debtor,” owes you a set amount. The clerk does not chase the debtor, freeze accounts, or send anyone to collect. Enforcement is the creditor’s responsibility, and every step runs through the same court that entered the judgment.
The first move is usually to ask the debtor to pay voluntarily. Many debtors pay once a judgment exists, because an unpaid judgment can become a lien on their property and can surface when they try to sell a house or take out a loan. If voluntary payment does not happen, the enforcement tools below apply.
A debtor who disagrees with the result can appeal to the circuit court, and an appeal can pause collection while it is pending. The deadline and procedure are covered in appealing a Florida small claims case. Absent an appeal or an agreed payment plan, the judgment is final and enforceable.
## Locate the debtor’s assets
Collection works only against assets you can identify. Florida law lets a judgment creditor compel the debtor to disclose financial information through proceedings supplementary under Fla. Stat. § 56.29, a process that brings the debtor back into court to answer questions about income, bank accounts, real estate, vehicles, and other property.
A creditor can also ask the court to order the debtor to complete a financial disclosure form and to appear for examination under oath. The information gathered, including where the debtor banks, who employs them, and what they own, determines which of the remaining tools will actually reach money.
## Record a lien against the debtor’s property
A judgment lien attaches the judgment to the debtor’s property so the debt must be paid before the property can be sold free and clear.
For real estate, recording a certified copy of the judgment in the official records of any Florida county creates a lien on real property the debtor owns in that county, under Fla. Stat. § 55.10. The judgment must contain the creditor’s address or be recorded with an affidavit giving it. A judgment recorded on or after July 1, 1994 is a lien for an initial period of 10 years, and the lien can be extended for an additional 10 years by re-recording a certified copy before it expires.
For personal property such as business equipment and vehicles, a creditor files a judgment lien certificate with the Florida Department of State under Fla. Stat. § 55.202. This creates a statewide lien on the debtor’s non-exempt personal property and establishes the creditor’s priority against other creditors.
## Use a writ of execution to seize property
A writ of execution directs the sheriff to seize and sell the debtor’s non-exempt property to satisfy the judgment. The creditor requests the writ from the clerk of the court that entered the judgment, then delivers it to the sheriff in the county where the property is located. Money the sheriff collects is paid out in the order Fla. Stat. § 56.27 sets, with costs and the priority lienholder paid first.
Request the writ of execution
Ask the clerk of the court that entered the judgment to issue a writ of execution. The writ identifies the judgment, the amount owed, and the interest rate it carries. Most clerks charge a small issuance fee.
Deliver the writ to the sheriff
Provide the writ to the sheriff in the county where the debtor’s property sits, along with the sheriff’s fees and a description of the property to be levied on. The sheriff levies on non-exempt personal property such as vehicles or equipment.
The sheriff sells the property
After the levy and the required public notice, the sheriff sells the property at a public sale and applies the proceeds to the judgment in the statutory order of priority. Any surplus goes to junior lienholders and then to the debtor.
Fla. Stat. § 77.03. The writ is served on the bank or employer, the “garnishee,” which must hold the funds and report what it owes the debtor. The full procedure is set out in getting a writ of garnishment in Florida.
Wage garnishment is sharply limited in Florida. Under Fla. Stat. § 222.11, all of the disposable earnings of a head of family are exempt from garnishment when those earnings are $750 or less per week, and earnings above $750 a week can be garnished only if the debtor agreed in writing. A debtor who is not a head of family can be garnished only up to the limit set by the federal Consumer Credit Protection Act. These limits, and how a debtor claims the exemption, are explained in Florida’s wage garnishment exemptions.
## Exemptions and interest
Florida protects a large share of a typical debtor’s property from collection. A homestead, the debtor’s primary residence, is protected from forced sale by judgment creditors under the Florida Constitution, which is why a recorded lien often sits unpaid until the property is sold or refinanced. Head-of-family wages, certain retirement accounts, and a portion of personal property are also exempt.
While the judgment is unpaid, it earns interest. Under Fla. Stat. § 55.03, the interest rate on a Florida judgment is set quarterly by the state’s Chief Financial Officer, fixed at the rate in effect when the judgment is entered, and then adjusted each January 1 until the judgment is paid. The writ of execution and the judgment itself state the rate that applies.
Frequently asked questions
Does the court collect the money for me after I win?
No. The court enters the judgment, but collecting it is the creditor’s job. The clerk does not freeze accounts or seize property on its own. The creditor uses tools like liens, writs of execution, and garnishment, each filed through the court that entered the judgment.
How do I find out where the debtor banks or works?
Florida law lets a judgment creditor compel disclosure through proceedings supplementary under Fla. Stat. § 56.29, which can require the debtor to appear in court and answer questions about income, accounts, and property under oath. A creditor can also ask the court to order the debtor to complete a financial disclosure form.
Can I garnish the debtor’s wages to collect the judgement?
Sometimes, but Florida heavily protects wages. Under Fla. Stat. § 222.11, all disposable earnings of a head of family are exempt when they are $750 or less per week, and higher earnings can be garnished only with the debtor’s written agreement. A debtor who is not a head of family can be garnished only up to the federal Consumer Credit Protection Act limit.
What if the debtor has no money or property?
A debtor whose income and assets are all exempt is sometimes called “judgment proof.” Collection cannot force payment that the law protects. A recorded judgment lien and the long enforceable life of the judgment keep the claim alive, so the creditor can still collect if the debtor later acquires non-exempt property or sells real estate.
Does the judgment earn interest until it is paid?
Yes. Under Fla. Stat. § 55.03, a Florida judgment carries interest at a rate set quarterly by the state Chief Financial Officer. The rate is fixed when the judgment is entered and adjusted each January 1 until the balance is paid. The judgment and any writ of execution state the rate that applies.
Sources
- Fla. Stat. § 55.10 (judgment as a lien on real property)
- Fla. Stat. § 55.202 (judgment lien on personal property)
- Fla. Stat. § 55.03 (judgments; rate of interest)
- Fla. Stat. § 56.27 (executions; payment of money collected)
- Fla. Stat. § 56.29 (proceedings supplementary)
- Fla. Stat. § 77.03 (issuance of writ of garnishment after judgment)
- Fla. Stat. § 222.11 (exemption of wages from garnishment)