Legal Question in Civil Litigation in Florida

Re: enforcing a judgment

If you want to have your final judgment entered as a lien against a real property owned by the defendant, you must obtain a certified copy at the location where your case was heard and then have it recorded by the Clerk. The recorded Final Judgment will serve as a lien for up to 20 years from the date the Judgment was signed but must be re-recorded every ten years to stay in effect.

If you know the name and address of the employer or the bank of the defendant, you may want to use the process of Garnishment. This is an order issued by the deputy clerk in which a third party, usually an employer or a bank, is told to hold funds until a hearing is held and a judge decides if the funds should be awarded to you.

A Writ of Execution which commands the Sheriff's Department to make demand for the amount of your Final Judgment from the defendant, this may be issued by a deputy clerk upon request. This is only effective if you obtain an Instruction for Levy form from the Sheriff's Office and complete it, giving a description and location of property that the sheriff can take from the defendant and put up for auction.

If you do not know the employer or bank of the defendant and if you do not know the location of any property which might be subject to a Writ of Execution, you may file a motion with the Clerk's Office for a Hearing in Aid of Execution. The judge will then issue an order for the hearing and the defendants will be served with the order and a Fact Information Sheet. At the hearing, the defendant will be required to reveal assets, employment and sources of income to the judge.