When a commercial debtor fails to pay and appears likely to dissipate assets, Florida law provides powerful prejudgment remedies that can protect a creditor’s interests before a final judgment is entered. Two of the most effective tools available are attachment and garnishment, when used strategically can significantly increase the likelihood of recovery.
Prejudgment attachment allows a creditor, under specific circumstances, to secure or seize a debtor’s property at the outset of a lawsuit. In Florida, attachment may be appropriate when there is evidence the debtor is hiding assets, transferring property to avoid creditors, or preparing to leave the state. By placing assets under court control early, attachment prevents debtors from rendering themselves judgment proof.
Prejudgment garnishment focuses on intercepting assets held by third parties, such as bank accounts, accounts receivable, or other debts owed to the defendant. This remedy can be especially effective in commercial cases where funds are identifiable and readily accessible. When properly pursued, garnishment can immediately restrict the debtor’s access to funds and create strong leverage for settlement.
These remedies are not automatic. Florida courts require strict compliance with statutory requirements, sworn affidavits, and, in many cases, the posting of a bond. Because prejudgment attachment and garnishment are considered extraordinary remedies, they must be supported by clear legal and factual grounds. Mistakes can result in delays, dissolved writs, or liability exposure.
For that reason, working with an experienced Florida commercial collection attorney is critical. A skilled attorney can evaluate whether prejudgment remedies are appropriate, prepare the required filings, and act quickly to secure assets before they disappear.
When used correctly, attachment and garnishment are not merely collection tools—they are strategic advantages. For creditors facing evasive or high-risk debtors, prejudgment collection strategies can shift leverage, accelerate resolution, and dramatically improve recovery outcomes.
