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Post-Judgment Execution

Judgment Liens

If a debt collection case is not settled during the course of a lawsuit and the lawsuitscattered dollars results in a money judgment in your favor, and the debtor fails to pay the judgment in full, William R. Wohlsifer, PA can pursue judgment enforcement and execution. Typically, the first step is to record the money judgment in the county, or counties where the judgment debtor owns real property or conducts business, to create a lien that can be executed or foreclosed upon in that county.

The judgment lien has a 10-year life and can be renewed for an additional 10-year period, thus 20 years total. Additionally, the money judgment can be docketed with the Florida Secretary of State in the form of a Judgment Lien Certificate to create a lien that attaches to the debtor’s personal property located anywhere in the State of Florida.

Judgment Enforcement

Our office utilizes various remedies to enforce the judgment lien such as:

– Attachment and levy of personal property

– Garnishment of accounts receivable

– Garnishment of bank accounts

– Garnishment of wages

– Foreclosure of real property

Post-Judgment Discovery

After a money judgment is obtained the Rules of Civil Procedure allow for a broad scope of investigation to identify the judgment debtor’s assets to assist the judgment creditor in judgment enforcement. When appropriate and pre-approved by the client, William R. Wohlsifer, PA may conduct comprehensive electronic asset and skip trace searches to locate or identify real property, personal property (vehicles, boats), business ownership, other judgment liens and other assets and liabilities of the judgment debtor that may be reached to satisfy your unpaid judgment.

Additionally, the Rules of Civil Procedure require mandatory disclosure by the judgment debtor to the judgment creditor of an individual debtor, or a debtor corporation, or other business entity’s complete financial profile. The failure to cooperate with a properly executed demand for mandatory post-judgment disclosure can ultimately result in a finding of contempt of court, which can result in incarceration of an individual debtor or a court imposed civil penalty (a monetary fine) against a business entity (not for being in debt, but for ignoring a court order). We are aware that sometimes, unfortunately, it requires the threat of incarceration, actual incarceration, or civil penalties arising from a finding of contempt of court before the judgment debtor realizes that there can be consequences for ignoring his, her, or its obligation to their creditor.

Florida’s post-judgment discovery has been a useful tool for William R. Wohlsifer, PA when pursuing judgment enforcement and execution.

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Florida Debt Collection Lawyer