How to Collect on a Judgment in Small Claims Court in Florida

Question from P, How to Collect on a Judgment in Small Claims Court in Florida

Answer from AI:

Collecting on a judgment in small claims court in Florida can be a challenging process, but understanding the steps involved can help you navigate it more effectively. It’s important to note that winning a judgment is just the first step; collecting the money owed to you requires additional action. Here’s a general guide to help you understand how to proceed, but remember, this is not legal advice. Consulting with a legal professional is always recommended for personalized guidance.

Understanding the Judgment Collection Process

After you’ve won your case in small claims court and the judge has awarded you a judgment, the court’s role in collecting the money is limited. The responsibility to collect falls primarily on you, the judgment creditor. Here are the steps you might take to collect your judgment:

1. Wait for the Appeal Period to Expire: In Florida, the debtor (now referred to as the judgment debtor) has a certain period to appeal the judgment. It’s usually best to wait until this period expires before attempting to collect.
2. Communicate with the Debtor: Sometimes, simply contacting the debtor and requesting payment can result in payment. You can negotiate payment plans or other arrangements if the debtor cannot pay the full amount immediately.
3. Writ of Execution: If the debtor does not voluntarily pay, you can request a writ of execution from the court. This legal document authorizes the sheriff to seize certain assets of the debtor and sell them at a public auction to pay the judgment.
4. Garnishment: Another option is to garnish the debtor’s wages, bank accounts, or other assets. Garnishment orders are also obtained from the court and served on the entity holding the debtor’s assets, such as their employer or bank.
5. Liens: Placing a lien on the debtor’s property is another way to secure payment. A lien doesn’t immediately give you money but prevents the debtor from selling the property without paying what they owe you.

Important Considerations

• Exemptions: Be aware that certain assets of the debtor may be exempt from seizure under Florida law. For example, homestead properties, certain personal property, and wages of a head of family may be exempt to varying degrees.
• Time Limits: In Florida, a judgment is valid for 20 years, but you must take action within 5 years to keep your judgment active. This might involve renewing the judgment or continuing collection efforts.
• Costs: Collecting a judgment can incur additional costs, including fees for filing documents with the court, hiring a sheriff for asset seizure, or employing a lawyer for complex situations.

Seeking Professional Help

While it’s possible to navigate the judgment collection process on your own, certain situations may benefit from professional legal advice or assistance. Consider consulting with a lawyer if:

• The debtor has complex assets or the situation involves significant legal challenges.
• You’re considering garnishing wages or placing liens on property.
• The debtor is actively evading payment or hiding assets.

For more detailed information on the small claims process in Florida, including forms and procedures for collecting a judgment, visit the Florida Courts Small Claims Information page.

Remember, while this guide provides a general overview, each case is unique. Laws and regulations can change, and individual circumstances can significantly impact the best course of action. Consulting with a legal professional can provide you with advice tailored to your specific situation.