Collecting a Judgment in Florida: What to Do After You Win

You won your case in Florida small claims court. The judge entered a judgment in your favor. And then — nothing happened.

No one handed you a check. No one called the debtor. The court moved on to its next case, and you're left holding a piece of paper that says someone owes you money.

This is the reality for most small claims winners in Florida. The court system does not collect judgments on behalf of prevailing parties. That responsibility falls entirely on you, the judgment creditor.

The 10-Day Waiting Period Before You Can Act

You cannot start enforcement the moment the judge rules. Under Florida Small Claims Rule 7.200, no execution or final process can issue until the time for filing a motion for new trial has expired.

That window is 10 days after the judgment is filed. If the debtor files a motion for rehearing during those 10 days, execution stays frozen until the court rules on it. If no motion is filed, you can begin enforcement on Day 11.

There's also a 30-day appeal window. An appeal doesn't automatically stop you from collecting. A debtor appealing a money judgment is entitled to an automatic stay by posting a good and sufficient supersedeas bond; the court may also order a stay on specified terms. Most small claims debtors don't post bonds.

Find Out What the Debtor Owns

Before spending money on writs and levies, figure out whether the debtor has assets worth pursuing. Florida gives you two main tools:

Form 7.343 / Form 1.977 (Fact Information Sheet): Ask the court to order the debtor to complete this sworn financial disclosure within 45 days. It forces the debtor to list bank accounts, employment, vehicles, real estate, and income. The completed form goes directly to you — it's kept out of the public court file.

Post-judgment discovery under Rule 1.560: You can use depositions, subpoenas, and written interrogatories to dig deeper. Subpoena bank records, employment records, or business filings directly from third parties.

You can also search public records yourself. County property appraisers show real estate ownership. The Florida Department of State (Sunbiz) reveals business entity registrations. The FLHSMV shows vehicle and boat titles.

Your Enforcement Toolkit

Florida gives judgment creditors several tools, and you don't have to pick just one. Here's the hierarchy from cheapest to most expensive:

Judgment lien on personal property ($20): File a Judgment Lien Certificate through Sunbiz. It creates a statewide lien on the debtor's non-exempt personal property for 5 years. This is passive enforcement — it doesn't put money in your hand, but it establishes a claim and priority that can affect later transfers; some buyers take free of the lien under § 55.205.

Judgment lien on real property (recording fee): Record a certified copy of the judgment in the Official Records of any county where the debtor owns real estate. This creates a 10-year lien, renewable for another 10 years.

Bank account garnishment (~$228+): File a motion for writ of garnishment. The clerk issues the writ, a process server delivers it to the bank, and the bank freezes whatever's in the account. Filing costs include the $188 garnishment fee plus service fees.

Wage garnishment: Same process, directed at the debtor's employer. Federal law caps the garnishment at the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, and Florida's Head of Household exemption can block wage garnishment entirely for qualifying debtors supporting dependents.

Writ of execution and sheriff levy ($1,000+): The most expensive option. The sheriff physically seizes and auctions the debtor's tangible property. You'll need to pay an advance deposit — typically $1,000 to $1,500 for a vehicle, potentially more for real estate.

What You Can't Touch

Florida has some of the strongest debtor protections in the country. Before you spend money on enforcement, understand what's off-limits:

• Homestead property — a debtor's primary residence is exempt with unlimited equity protection
• Head of Household wages — 100% exempt if the debtor earns $750/week or less and supports a dependent
• Retirement accounts — IRAs, 401(k)s, and pensions are fully exempt
• Life insurance and annuities — cash value is protected
• Personal property — up to $1,000 ($4,000 if no homestead claimed)
• One motor vehicle — up to $1,000 in equity

The Interest Clock Is Running

Post-judgment interest accrues automatically under Florida Statutes § 55.03 from the date of judgment. The rate is set quarterly by the Chief Financial Officer — for 2026, it ranges from 7.87% to 8.44% per year depending on the quarter.

Interest is calculated as simple interest on the unpaid balance. Partial payments apply first to accrued interest, then to principal.

If the Debtor Has Nothing Now

A Florida judgment is valid for 20 years. If the debtor is currently broke, you can file your liens, wait, and revisit enforcement when circumstances change. People get jobs, inherit property, start businesses. Your judgment lien preserves your position in line.

The $20 Sunbiz personal property lien is worth filing even if you can't collect today — it's cheap insurance against the debtor acquiring assets later.

When to Get the Full Roadmap

Each enforcement tool has its own forms, timelines, exemption rules, and procedural traps. Filing a garnishment without verifying the debtor's bank details wastes your $188 filing fee. Requesting a sheriff levy without proper Instructions for Levy gets your writ returned unexecuted.

Our Florida Small Claims Judgment Collection Guide walks through every enforcement tool step by step — the exact filing sequence, the forms you need, the fees at each stage, and the exemptions that could block you. It includes a post-judgment interest calculator and an enforcement cost tracker so you know exactly where you stand before spending another dollar.

Get the complete guide and stop guessing about what comes next.

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