A WORD ABOUT POST-JUDGMENT COLLECTIONS
Once a judgment is obtained in Florida or domesticated from another state or country to Florida, a judgment / creditor must then engage in efforts to force the debtor to satisfy the judgment. A judgment is itself only a piece of paper, and the Court will not on its own force a debtor to pay any money to a creditor.
A judgment may be re-recorded in any county where the judgment debtor holds real property. This procedure ensures that the judgment forms a lien on the real property. A creditor can then force the sale of the property at public auction in order to satisfy its judgment.
A judgment must be properly docketed with the State of Florida in order to form a lien on any personal property owned by the debtor. After this procedure is followed, it may be possible to have legal authorities levy on the property. Ultimately, the personal property may be sold at public auction to satisfy the judgment lien.
Another potential remedy available to a judgment creditor is to garnish money held in the debtor’s name in a financial institution. In Florida, a garnishment is a quick and inexpensive way for a judgment debtor to realize a recovery.
There are other remedies available as well to judgment creditors. Please contact my office today to discuss the particular circumstances of your case.
Joel B. Blumberg, P.A.
200 Butler Street, Suite 307 - West Palm Beach, Florida 33407
Phone: (561) 683-5900 | Fax: (561) 683-6600 |
