§ Practice area 08

Judgment enforcement and collections

A judgment is a piece of paper until it is collected. Andre pursues judgment debtors through garnishment, proceedings supplementary, asset discovery and the domestication of judgments from other states and countries — and defends debtors facing improper collection.

A courtroom in the federal courthouse in Miami, Florida

After the judgment

Florida gives a judgment creditor real tools: writs of garnishment against bank accounts and wages, writs of execution against property, depositions and document requests in aid of execution, and proceedings supplementary, which let the court reach assets a debtor has moved to relatives or related companies and bring those third parties into the case. Judgments from other states are domesticated under Florida’s enforcement statute; judgments and arbitral awards from other countries are recognized through a separate procedure the firm handles regularly.

The same knowledge serves judgment debtors. Florida’s exemptions are among the broadest in the country, garnishments must follow strict procedures, and a creditor who overreaches can be made to pay for it.

Matters we handle

  • Writs of garnishment and execution
  • Proceedings supplementary and impleader of third parties holding the debtor’s assets
  • Domestication of judgments from other states
  • Recognition and enforcement of foreign-country judgments and arbitral awards
  • Fraudulent-transfer claims to recover assets moved out of reach
  • Depositions in aid of execution, fact information sheets and asset discovery
  • Post-judgment attorney’s-fee and cost motions
  • Defense of judgment debtors, claims of exemption and dissolution of improper garnishments

How collection moves

From the judgment to the money.

  1. 01

    Asset investigation

    Public records, corporate filings, property searches and sworn disclosures from the debtor.

  2. 02

    Domestication

    When the judgment comes from another state or country, the steps that make it enforceable in Florida.

  3. 03

    Garnishment, levy and proceedings supplementary

    Writs against accounts and property, and court proceedings to reach transferred assets.

  4. 04

    Settlement or sale

    Most debtors negotiate once collection is real; otherwise, the property is sold and the proceeds applied.

Common questions

What judgment creditors ask first.

How long is a Florida judgment enforceable?

A Florida judgment can be enforced for twenty years. Recording a certified copy creates a lien on the debtor’s real property in that county for an initial period that can be renewed. Judgments from elsewhere have their own rules once domesticated.

Can you collect a judgment from another country?

Often, yes. Florida has a procedure for recognizing foreign-country money judgments, and arbitral awards are enforceable under federal law. Once recognized, the judgment is collected with the same tools as a Florida judgment.

The debtor moved assets to a relative. Is there anything to do?

Yes. Proceedings supplementary allow the court to bring the transferee into the case and reach property transferred to defeat the judgment, and Florida’s fraudulent-transfer statute provides a separate claim.

Can wages be garnished?

Within limits. Florida protects the wages of a head of family above a threshold unless that protection has been waived in writing, and federal law caps garnishment of other wages. Bank accounts, receivables and property are often the more productive targets.

Holding a judgment you cannot collect?

Send the judgment and what you know about the debtor. The first review is quick.

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