Post Judgment Enforcement

We help you enforce the court's decision

Post Judgement Enforcement:

Once a judgment/order is entered by the Court, it must be recorded in the official records of the county.  (§55.10, Fla Stat.) A judgment lien is acquired by filing a lien certificate with the Dept of State in accordance with §55.203, Fla Stat. Beware:  A lien certificate not filed in compliance with the state is permanently void and of no effect.  (§55.202, Fla Stat.)

After a judgment is obtained, a Writ of Garnishment may be obtained.  (§77.03, Fla Stat.)   If salary or wages are to be garnished to satisfy a judgment, the Court shall issue a Continuing Writ of Garnishment to the debtor’s employer which itemizes the amount and the length of time of garnishment.  (§77.0305, Fla Stat.)  Caveats to Garnishment include proper notice (§77.041(2), Fla Stat.), Object to Claims of Exemption (§77.041(3), Fla Stat.), Notices to Defendant (§77.041, Fla Stat.), Motion to Dissolve (§77.055, Fla Stat.) and post-judgment discovery which may include a pre-hearing to undermine the claim. There are also several Exemptions to Garnishment which include Homestead (§222.01, Fla Stat.), Head of Household (§222.11, Fla Stat.), Social Security, Unemployment, Disability and Retirement incomes (§§222.015, 222.18, 222.21, Fla Stat.) and a special type of tenancies called tenancy in the entireties, See Beal Bank FSB v Almand & Associates, 780 So2d 34 (2001).

When issuing a Writ of Execution, a court typically will order a sheriff or other similar officials to take possession of property owned by a judgment debtor.  (§56.021, Fla Stat.)  These types of writs also may include a Break Order (§78.10, Fla Stat.),

Bankruptcy can cause a stay of any post-judgment enforcement.  

The firm is ready and available to assist you today.  786.423.6898     Request a Consultation