How to Place a Levy for a Judgment

You can have a sheriff levy a judgment debtor's property.

If a person owes a debt to you, you can sue that person in court. If the judge rules in your favor, he will issue a monetary judgment for the amount of money the judgment debtor should pay you. If, however, the judgment debtor neglects to pay the judgment, you may pursue other avenues to secure payment. You can get a sheriff to seize or levy the judgment debtor's property.

Things You'll Need

• Judgment Lien Certificate
• Writ of Execution
• Instructions for Levy

Instructions

1. Obtain a judgment lien by recording a judgment lien certificate with the secretary of state in your state of residence.

2. Locate the judgment debtor's property that you want to have levied. For the sheriff to levy the property, he needs to know where the property is located. You can levy real or personal property.

3. Take the court judgment to the clerk of the court that issued the judgment. Ask for a writ of execution. The writ tells the sheriff to seize a particular item of the judgment debtor's property.

4. Deliver the writ to the sheriff in the county where the property is located. Give the sheriff written instructions for levy. These instructions describe the property and tell the sheriff where the property is located. For the sheriff to carry out the levy, you will need to deposit a fee, which will be returned to you if the execution is successful. Once the property has been levied, you can have the sheriff sell the property, and the sheriff will take his fee from the sale proceeds.

Tips & Warnings

• Make sure that the property you choose can be levied.

• Find a list of exempt property in Resources section.

• These instructions are specific to Florida but are similar to those of each state.

• Exempt property cannot be levied.

References

• Sharon Robertson, Clerk of Circuit Court: How to Collect a Judgment in Florida Under the New Judgment Lien Law

Resources

• The Bankruptcy Site: Bankruptcy Exemptions