Trying to Enforce a Judgment in Florida? Here’s What You Need to Know

Winning a money judgment is only the first step. In Florida, turning that judgment into actual recovery requires navigating a detailed, statute‑driven enforcement process. Creditors must properly perfect judgment liens, locate assets, and use court‑authorized remedies to collect. Even when deadlines are missed or liens are not properly perfected, a valid judgment can still go unpaid.

 

At Dunn Law, P.A., our attorneys regularly represent judgment creditors across Florida, helping them move from judgment to collection. With experience in creditors’ rights, commercial litigation, and post‑judgment remedies, our team focuses on practical strategies that maximize recovery while avoiding common enforcement pitfalls.

 

Florida’s Judgment Enforcement Framework

Judgment enforcement in Florida is governed by several interrelated statutes and rules that work together:

• Chapter 55, Florida Statutes, which addresses judgments, judgment liens, and the enforcement of foreign judgments
• Chapter 56, governing writs of execution, levies, and proceedings supplementary
• Chapter 77, which controls garnishment proceedings
• Florida Rule of Civil Procedure 1.560, authorizing discovery in aid of execution
• Section 56.29, providing for proceedings supplementary against third parties

Because these provisions are highly procedural and time‑sensitive, effective enforcement depends on understanding how they interact rather than treating them as isolated tools.

 

Perfecting Judgment Liens: Getting Priority Right

Judgment Liens on Real Property (Section 55.10)

A Florida money judgment does not automatically become a lien on real estate. To create a valid lien, the creditor must record a certified copy of the judgment in the public records of the county where the debtor owns property. The recorded judgment (or accompanying affidavit) must include the creditor’s current address to be effective.

 

A properly recorded judgment lien on real property is generally effective for 10 years from the date of recording. Florida law allows the lien to be extended once by timely re‑recording, but the lien can never extend beyond the judgment’s overall 20‑year life. Missing the re-recording window can result in the loss of lien rights, even if the judgment remains valid.

 

Judgment Lien Certificates on Personal Property (Sections 55.202–55.209)

To reach most non‑exempt personal property, other than titled vehicles, a creditor must file a Judgment Lien Certificate with the Florida Department of State (Division of Corporations), commonly through the Sunbiz system.

 

The certificate must include accurate identifying information, such as:

• The debtor’s legal name and address
• The judgment amount
• Case number, court, and date of entry

Priority among judgment creditors is determined by the order in which judgment lien certificates are filed. A judgment lien on personal property lasts five years. Florida law allows a creditor to file one second‑term lien for an additional five years, but that second‑term lien is treated as a new lien with a new priority date, and no additional liens beyond the second term are permitted.

 

Why Proper Perfection Matters

Florida follows a strict “first in time, first in right” approach. Improper or late lien perfection can:

• Leave the creditor unsecured as to real property
• Subordinate the creditor to later‑recorded lenders or judgment holders
• Allow assets to be sold or transferred before enforcement begins

Dunn Law, P.A. routinely assists creditors in reviewing existing judgments, identifying perfection gaps, and ensuring liens are timely recorded and extended where permitted.

 

Post‑Judgment Discovery: Locating Assets

Florida law gives judgment creditors broad authority to conduct discovery in aid of execution. Under Rule 1.560, creditors may serve interrogatories, requests for production, subpoenas, and deposition notices on the debtor and relevant third parties.

 

These tools allow creditors to uncover:

• Bank accounts and investment assets
• Employment income
• Business interests
• Transfers to affiliates or insiders

Proceedings Supplementary (Section 56.29)

Proceedings supplementary provide an additional mechanism for accessing assets that are not readily visible. By filing a motion supported by an affidavit, a creditor may bring in third parties who:

• Hold the debtor’s assets
• Received fraudulent or improper transfers
• Control business entities used to shield assets

Courts may order discovery, unwind transfers, or impose liability where appropriate. These proceedings are often essential when debtors actively resist collection efforts.

 

Collection Tools Available to Florida Judgment Creditors

Once assets are identified and liens are properly perfected, Florida law provides several enforcement mechanisms.

• Levy and Execution: Under Chapter 56, a creditor may obtain a writ of execution authorizing the sheriff to seize and sell non‑exempt property such as vehicles, equipment, or inventory. Sale proceeds are distributed according to statutory priority rules, including any perfected judgment liens.
  
  
• Garnishment: Chapter 77 allows creditors to intercept assets held by third parties, most commonly bank accounts and wages. After service of a writ of garnishment, the garnishee must disclose what it holds, and the debtor may assert exemptions, including Florida’s head‑of‑household wage protections and certain exempt accounts.
  
  
• Foreclosure of Judgment Liens: A judgment lien recorded against non‑homestead real estate may be enforced through a foreclosure action. Creditors must evaluate whether sufficient equity exists after superior mortgages, tax liens, and statutory exemptions before pursuing this remedy.
  
  
• Appointment of a Receiver: In complex or business‑related cases, courts may appoint a receiver to take control of assets, manage operations, and preserve income. Section 56.10 expressly authorizes receivership where execution against a corporate debtor cannot be satisfied due to a lack of leviable property. Receiverships are particularly effective when assets are being diverted or mismanaged.

Foreign and Federal Judgments

Out‑of‑state judgments may be enforced in Florida under the Florida Enforcement of Foreign Judgments Act (Sections 55.501–55.509). This process requires filing an authenticated copy of the judgment and a supporting affidavit, providing notice to the debtor, and allowing a contest period before enforcement proceeds as if the judgment were entered in Florida.

 

Federal judgments enforced in Florida generally follow Federal Rule of Civil Procedure 69, which incorporates Florida’s judgment enforcement and discovery procedures.

 

Why Work With Dunn Law, P.A.?

Florida judgment enforcement is technical, deadline‑driven, and unforgiving of mistakes. Creditors benefit from counsel who understand not only the statutes but also how to sequence enforcement tools effectively.

 

Dunn Law, P.A. assists judgment creditors with:

• Evaluating enforcement strategy and asset recovery options
• Perfecting and extending judgment liens
• Conducting post‑judgment discovery and proceedings supplementary
• Pursuing levies, garnishments, lien foreclosures, and receiverships
• Addressing bankruptcy or insolvency issues that arise during collection

Our attorneys help clients turn paper judgments into meaningful recoveries through careful planning and aggressive, compliant enforcement.

 

Feel free to reach out anytime. We’re here to help.