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The following information may help you to
collect your judgment
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RECORD YOUR JUDGMENT. We suggest
you first obtain a certified copy of the judgment from the originating Clerk
of Courts office and record it in any county in which the debtor owns real
estate. The judgment then becomes a lien on any real estate the debtor
owns in that county. The lien acts as a defect on the title to the
real estate and normally must be paid off if that property is ever
sold. It will also reflect on the debtor's credit history. We can assist you in recording your judgment in all 67 Florida
counties.
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FILE A WRIT OF EXECUTION. Writs
of Executions are issued by the Clerk's office but are enforced by the
Sheriff's office. It is for this reason that we recommend that you
first contact the Sheriff directly for pertinent details including fees and
procedures. Ten (10) days after the judgment has been entered by the
Court, the Clerk will issue a document called a Writ of Execution upon your
request. Take this document to the Sheriff's office located in the
county where the debtor has personal property or moveable goods. When
the Writ of Execution is filed with the Sheriff, the Sheriff will then have
authority to seize and sell the property of the debtor to pay off your
judgment. At the time of the sale of the property, the Sheriff will
pay the judgments in the order in which the Writs of Execution were filed so
it is important to file your writ with the Sheriff as soon as possible in
the event there are many creditors.
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LEVY AND EXECUTION. If you can
locate personal property of the debtor and have an exact location of that
property, you can then give the Sheriff written instructions to seize
specifically identified personal property of the debtor. The form used
is called, instructions for Levy and varying fees are required. You
should contact the Sheriff's Civil Executions department to obtain proper
fees. After the Sheriff has seized the property, he will publish a
notice announcing the date of a public sale of the seized goods. At
that sale, people will bid on the property. Any money received at the
sale after payment of the Sheriff's expenses will be given to you to pay or
partially pay your judgment. If the monies received do not pay the
entire judgment amount awarded, you may repeat the process. Writs will
be paid off according to the order in which they were filed.
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LOCATING THE DEBTORS PROPERTY.
There are many ways to find out what property the debtor owns (we provide
this service for a fee). The County Tax Collector's office can tell
you if he owns a vehicle registered in the state. You may also write
to the Department of Highway Safety & Motor Vehicles, Division of Motor
Vehicles, at The Neil Kirkman Building, Tallahassee, FL 32399-0500 to
see what vehicles he/she owns.
The office records of the county may also reflect real estate a debtor owns
in the county, however, searching these records can be complicated and you
may choose to have an experienced person assist you.
If you do not find any property of the debtor through research of the
records, you may wish to file a motion available through the court called
"Ex-Parte Motion for Hearing in Aid of Execution" together with an
"Order for Hearing in Aid of Execution". Upon the presiding
Judge's consideration of the motion, he or she will order a judgment debtor
to appear at a hearing for the purpose of inquiring of the debtor under oath
as to earnings, financial status, and any assets available in excess of
exemptions to be used towards the satisfying of a judgment. A
certified copy and true copy of the order must be obtained by the Plaintiff
for the purpose of service on the Defendant as required.
Another way to obtain information regarding a debtor's property is with a
Deposition in Aid of Execution. A deposition is a method in which the
debtor is subpoenaed to appear before a court reporter or notary public and
made to answer similar questions under oath. It is mandatory that you
have an attorney for this procedure.
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GARNISHMENTS. Your debtor may
also be owed money by a third party, such as an employer or bank where they
have an account. In this case, you may wish to enforce your Judgment using
Garnishment proceedings. To obtain a Writ of Garnishment, you must
file a motion (request) for one with the Clerk of the Court and pay a filing
fee. We would then serve the Writ on the Garnishee (eg:
the employer or bank of the debtor) who would then be required to submit a
written report producing information regarding any monies owed to the debtor
and the revelation of any property of the debtor in the process or control
of the garnishee. Then, unless the debtor is entitled to an exemption,
(see below), the garnishee would have to pay the money to you or give the
property to the Sheriff for execution to satisfy your judgment. This
procedure can be complicated and you may wish to consult an attorney.
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RECORD OF UNSATISFIED JUDGMENTS. If
you had filed an action for damages resulting from an automobile accident
and have received a judgment, you may effectively suspend the defendant's
drivers license after 30 days from the date of the judgment, providing there
are no appeals filed. You must obtain the form "Record of
Unsatisfied Judgment" from the Drivers License Bureau, have the clerk
from the County Courts issue the forms and then forward it to the Bureau of
Financial Responsibility at PO Box 5775 Tallahassee, FL 32314.
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EXEMPTIONS. The Florida
Constitution provides that certain property of a debtor may be exempt from
forced sale and execution. These include the real estate which is the
residence of a person or his family as well as $1,000.00 of personal
property. A debtor who is the head of a household may also be entitled
to claim an exemption on wages. There are also certain federal
exemptions which limit the amount of wages permitted to be garnished.
The debtor must show that he is entitled to these exemptions by claiming and
meeting certain requirements.
This form is meant only to give you a basic and
general explanation about what your judgment means and options on collecting or
enforcing it. It is only a brief statement and does not explain all your
rights and obligations upon obtaining a judgment.
Please understand that Judges, Judicial
Assistants, Clerks of Court and Sheriff's employees cannot practice law or give
you legal advice. They can only point out the existence of certain
procedures, but cannot tell you how to follow them or how effective they will
be. Only a Lawyer may give legal advice. You
may wish to contact your local Bar Association Referral Service for the names of
lawyers who may be available to help you.
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