CreditorCollections, A Law Firm
No Attorney’s Fee Unless You Collect
Call 888-899-7394 Today

Collecting on a judgement in Florida

At CreditorCollections, A Law Firm, we understand that failure to recoup your money could mean going out of business. Because of this, creditors are often compelled to involve the state to recover commercial debts when borrowers are either unwilling or unable to repay the amount owed. But how? The Division of Corporations at the Florida Department of State explains.

According to the DOS, creditors are not obligated to file a Judgment Lien Certificate, but it can make recovering your debt a whole lot easier. Why is this? The sheriff's department is responsible for ensuring creditors receive their payments. However, the debtor may owe several other creditors. As a result, the sheriff operates on a first-come-first-serve basis, decided by who first filed their lien.

It is important to note that the sheriff cannot seize the individual’s home or homestead. Additionally, while not mentioned by the DOS, an individual’s personal property may be protected if there is solid separation of business from personal assets. Property leased or rented also cannot be seized for the obvious reasons — the debtor does not truly own it. The following items may typically be seized:

  •          Jewelry
  •          Cars and boats
  •          Horses and livestock
  •          Furniture and appliance
  •          Real property owned by the debtor, such as land and buildings

It is also well to note that the sheriff can only levy property located in Florida. The sheriff will also not undertake the work of locating the property, so the creditor is responsible for this task. They will, however, manage the public auction, selling the property off to the highest bidders. Keep in mind that the sheriff will deduct their own costs before paying money out to creditors.

As with most transactions related to finance, it can be hard to understand best practices for collecting delinquent debts and how to best take advantage of them. For more information about commercial debt collection, take a look at our webpage.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

CreditorCollections, A Law Firm

West Palm Beach Office
200 Butler Street, Suite 307
West Palm Beach, FL 33407

Toll Free: 888-899-7394
Phone: 561-683-5900
Phone: 561-313-9873
Phone: 011-561-683-5900
Fax: 561-683-6600
West Palm Beach Law Office Map

Coral Gables Office
866 South Dixie Highway
Coral Gables, FL 33146

Map & Directions