Florida Writ of Bodily Attachment: When a Debtor Ignores Court Orders

A writ of bodily attachment is one of the most serious enforcement tools in Florida's post-judgment arsenal. It directs the county sheriff to arrest the judgment debtor and bring them before the court. It's not used to punish someone for owing money — it's used when a debtor deliberately ignores a court order.

The most common trigger is a debtor who refuses to complete the Fact Information Sheet.

How You Get Here

After winning a small claims judgment, you can ask the court to order the debtor to fill out Form 7.343 (or Form 1.977 for businesses) — the Fact Information Sheet. This sworn financial disclosure lists the debtor's bank accounts, employment, income, vehicles, and real estate. The debtor has 45 days to complete it and deliver it to you.

Some debtors ignore it completely.

When that happens, you can't just go straight to an arrest warrant. The process requires multiple steps.

Step 1: Motion to Compel

File a Motion to Compel with the court, explaining that the debtor was ordered to complete the Fact Information Sheet, that the 45-day deadline passed, and that you never received it. Ask the court to issue an Order to Show Cause.

Step 2: Order to Show Cause

The court issues an Order to Show Cause scheduling a hearing. The debtor must be properly served with this order — typically through personal service by the sheriff or a process server. The order tells the debtor to appear on a specific date and explain why they should not be held in civil contempt for defying the court's directive.

Step 3: Contempt Hearing

If the debtor shows up and provides a legitimate reason for non-compliance (hospitalization, not receiving the original order, military deployment), the court typically gives them a new deadline rather than finding them in contempt.

If the debtor doesn't show up or can't justify their defiance, the court can find them in civil contempt.

Step 4: The Writ Itself

A finding of civil contempt opens the door to a Writ of Bodily Attachment. This directs the sheriff to take the debtor into custody — not as criminal punishment, but to compel compliance. The debtor holds the key to their own release: comply with the court's order, and the court lifts the writ. Any coercive incarceration must include a purge condition the court finds the debtor has the present ability to meet.

In practice, the arrest itself often produces cooperation. A debtor who ignored paper filings for months tends to take the process more seriously after being picked up by the sheriff.

What a Writ of Bodily Attachment Cannot Do

This tool compels appearance and compliance — it does not directly put money in your pocket. The debtor is not jailed for owing money. They're jailed for defying a court order.

You also cannot use this tool to skip earlier steps. The sequence matters: court order → deadline passes → motion to compel → order to show cause → proper service → hearing → contempt finding → writ. Courts scrutinize each step, and cutting corners gives the debtor grounds to challenge the proceeding.

Is It Worth Pursuing?

For a small claims judgment under $8,000, the contempt route makes sense primarily when you believe the debtor has assets but is hiding them. If a debtor genuinely has nothing — no bank account, no job, no property — compelling them to fill out a form confirming that fact tells you your enforcement dollars are better spent waiting and filing liens.

But if you suspect the debtor is working under the table, moving assets to family members, or simply ignoring you because they think you'll give up, the contempt path is how you force the issue. The Fact Information Sheet, once completed, often reveals bank accounts and income sources you can then target with garnishment.

The Full Enforcement Sequence

The contempt and bodily attachment process is one piece of a larger enforcement strategy. Our Florida Small Claims Judgment Collection Guide walks through every step of the Fact Information Sheet process, the Motion to Compel, and what to do with the financial data once you have it — plus the five other collection tools available under Florida law.

Get the complete guide and know your options before the debtor runs out the clock.

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