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Consumer Guide: Collecting a Judgment

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From 8 On Your Side of News Channel 8

Published: April 2, 2008

Once a judgment has been entered by an appropriate court it must still be collected. There is a process designed which must be followed.

First your judgment must be recorded at $6.00. You may obtain a certified copy of your judgment from the clerk of the court and record the judgment in counties where the debtor may own real estate. There are many ways to find out what property is owned by a debtor. The County Tax Collector's tag office, can tell you whether or not an auto is registered in the debtor's name in the county. As well, the official records of the county are located in the clerk's office, showing what property (real estate) a debtor owns in that county. These records are complicated and you want to have help when checking them.

Another method of determining a debtor's assets is a deposition in aid of execution. A deposition is a method whereby a debtor is placed under oath and asked questions. This procedure is usually effective but requires a complicated procedural process before it may be taken. You may wish to consult an attorney about it.

Second, you, the judgment creditor, must obtain a writ of execution from the clerk. This writ may be obtained any time during the life of the judgment, except during the 10 day period immediately following its issue. A writ of execution allows the sheriff to take, advertise, and sell to the highest bidder, enough personal property of the debtor to pay off (satisfy) the judgment.

Third, once you locate the debtor's property, and obtain your writ of execution, you should take the writ to the sheriff, with instructions for the levy (taking). These instructions should include a description of the kind and type of property and its location. The sheriff will require that you pay in advance the costs to take, store, advertise, and sell the property. These costs may be recovered when the property is sold.

Finally, you can attempt to garnish property of the debtor. A writ of garnishment takes property or wages which are in the hands of the third person. Again, you may want to consult an attorney.

The Florida Constitution provides certain exceptions to a debtor. Generally, you may not force the sale of the debtor's residence nor $1,000.00 of the debtor's personal property.

For more information contact your County Clerk's office. The number can be found in your phone book blue pages.

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