How to Collect After a Judgment in a Small Claims Court in Florida

Florida residents can involve a sheriff to collect on small claims judgments.

According to the Florida Department of State, Division of Corporations, those who win a judgment, referred to in legal terminology as a judgment creditor, in a Florida small claims court have the option to collect the judgment by placing a lien on the property of the losing party in the case, called the judgment debtor. A lien is a legal claim of one person upon the property of another person to secure the payment of a debt or the satisfaction of an obligation.

Instructions

Instructions

1. Obtain a judgment lien by filing a judgment lien certificate with the Department of State, Division of Corporations. A judgment lien provides a legal claim of one person upon the property of another person to secure the payment of a debt or the satisfaction of an obligation. The judgment lien certificate form can be downloaded from the Florida Department of State, Division of Corporations website or requested by phone by calling 850-245-6011 and it will be mailed to you.

2. Locate the judgment debtor's real or personal property. The courts, a sheriff or another law enforcement official will not assist in this step.

3. Request a writ of execution from the clerk of the court in the county where the judgment was entered. The writ of execution is the document that instructions the sheriff to seize the property to satisfy the debt owed.

4. Deliver the writ of execution along with a document called instructions for levy to the sheriff. A levy in this instance means a legal authority by the sheriff to seize property. This document includes information about what property to seize where and how. You will need to pay a deposit to cover fees and costs to the sheriff in the county the property is located. Information about this document and the fees associated with it can be found at the Sheriff's Civil Office in the county where the defendant's property is located

5. Verify on Florida's Department of State, Division of Corporations website that the judgment of debtor does not have additional liens placed against him. If so, send notices of time and place of property sale to additional lien holders.

6. Give the sheriff a signed affidavit, a written declaration of notices mailed to additional lien holders.

7. Advertise the sale of the property in a local newspaper.

Tips & Warnings

• File the judgement lien certificate as soon as possible. Profits from the sale of personal or real property is paid to those who filed first against the judgment debtor.

• The proceeds of the sale of the property will be use to satisfy sheriffs costs and fees. Once those are paid, you will receive back the deposit you paid. After the sheriff fees a paid, a $500 reimbursement of costs, whether incurred or not, will be paid to the judgment creditor and then payment to any other judgment lien holders who filed prior to you will receive payment. What is remaining will be applied to satisfy the judgement.

References

• Florida Department of State Division of Corporations: How to Collect a Judgment in Flordia
• Clerk of the Circuit Court Monroe County: Small Claims FAQ

Resources

• Florida Department of State: Judgment Lien Certificate Form