Post-Judgment Collections

After a judgment is entered, a debtor’s obligation is solidified, and a judgment creditor can potentially assert rights in the furtherance of collection of amounts due.

If  a judgment was entered in your favor  in Florida, it is important to seek the assistance of an experienced attorney, such as those available to you at RAK Law. The legal process of collecting unpaid judgments often involves several statutory steps that must be followed Additionally, several consumer protections have been implemented by law makers which could operate as an obstacle to your collection efforts (such as the FDCPA or the FCCPA). An experienced attorney can guide you through the process and ensure that your rights are protected, your judgment is legally collected, and no consumer protections laws are violated. In addition, there are time limits for the initiation of post-judgment collections, so prompt action must be taken. 

It is important to note that there are limitations to post-judgment collections in Florida. Certain assets like primary residences/homesteads can potentially be exempt from foreclosure under the Florida Constitution. There are also exemptions on certain portions of wages that can be garnished to satisfy a judgment.  Exemptions to wage garnishment, which may be available to certain types of judgment debtors, are set forth in Fla. Stat. 77.041. 

A thorough review of the language of the judgment you were awarded is an important step to determine your rights.  In Florida, certain language which may be included in the body of a judgment can afford you preferential treatment with regard to execution (for instance, the inclusion of a “forthwith” clause allowing for immediate execution without consideration of stay periods for reconsideration or appeal).  Additionally, differences in language chosen in the authorship of your final judgment can affect your ability to recover post-judgment interest (and at what rate, depending on the year of your judgment’s entry and the date execution proceedings are initiated).  Finally, the inclusion or omission of the address of the judgment creditor on the face of the judgment and the recording of your judgment in the official records may affect your rights to attachment of certain types of real property.  The filing of a judgment lien certificate with the Secretary of State after the entry of your judgment could also afford additional rights/opportunities for execution.

Consulting an experienced attorney at RAK Law can help you navigate the complex process of collecting on a judgment entered in Florida. An experienced attorney can ensure that the process is followed correctly, your rights are protected, and your judgment properly attached to the debtor’s real and/or personal property.