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Florida Judgment Recovery

Creditor FAQ — Your Questions Answered

If you hold an unpaid Florida judgment and are evaluating enforcement options, these are the questions every creditor asks. Straight answers, no filler.

These questions reflect what Florida judgment creditors actually ask when evaluating a professional enforcement entity. Answers are based on current Florida law as of 2026. Nothing here is legal advice — if you need legal counsel, hire a licensed Florida attorney. What we provide is enforcement expertise and investigative capability backed by a contingency model: if we don't collect, you owe nothing.

Fundamentals — What AllClear Judgment Recovery Does

You can technically enforce your own judgment. Most creditors don't because the process requires simultaneous use of tools that demand legal knowledge, courthouse access, and investigative infrastructure. AllClear Judgment Recovery handles skip-tracing to locate the debtor, asset investigation to identify what can legally be seized, preparation and filing of writs of garnishment and execution, coordination with the county sheriff, court appearance when the debtor objects, and active docket management to prevent dismissal for lack of prosecution. We front every dollar of cost and collect nothing unless we recover.

The gap between a creditor who DIYs and one who works with AllClear Judgment Recovery isn't ambition — it's access to tools, relationships, and persistent pressure over time.

Before the percentage matters, understand what the contingency model actually transfers: all financial risk shifts to AllClear Judgment Recovery. We advance every dollar of filing fees, service of process costs, sheriff deposits, and litigation expenses. If nothing is recovered, you owe nothing — not even reimbursement of costs. The only way we get paid is if you get paid first.

Our contingency rate reflects what it actually costs to do this work — skip-tracing, asset investigation, court filings across multiple counties, sheriff coordination, debtor examinations, and sustained enforcement pressure that can run months or years. We front all of it. The rate is discussed and agreed in writing before any work begins.

The right comparison is not our percentage versus a number you find somewhere else. The right comparison is a percentage of a recovered judgment versus 100% of a judgment that never gets collected. Eighty percent of Florida civil judgments go unpaid. The creditors holding them aren't getting 100% — they're getting zero, and the debt is aging against them every day.

A $20,000 judgment at contingency nets you thousands of dollars you did not have and would not have collected on your own. The same judgment sitting unpaid for another two years nets you nothing — and becomes harder to collect with every passing month.

Call us to discuss your specific judgment. We will tell you exactly what enforcement looks like and what the agreement terms are before you commit to anything.

Standard collection agencies chase pre-judgment debts — they send letters, report to credit bureaus, and negotiate. They generally lack access to post-judgment court tools and cannot file writs, appear at debtor examinations, or execute sheriff's levies.

AllClear Judgment Recovery works exclusively on adjudicated judgments. We use court processes — writs of garnishment, writs of execution, proceedings supplementary, debtor's examinations under oath — and advance all costs. The comparison isn't really apples to oranges. It's a demand letter versus a writ served on your debtor's bank.

Florida money judgments are enforceable for 20 years from the date of entry under Fla. Stat. § 95.11(1). Post-judgment tools — garnishments, levies, discovery, liens — remain available throughout that period.

  • Real property judgment lien: 10 years, renewable once for another 10 (max 20 total). Record a certified copy of the judgment in the county where the property is located.
  • Personal property judgment lien: 5 years via Judgment Lien Certificate filed with the Florida Department of State, renewable once for another 5 (max 10 total).
20 years is the ceiling, not a strategy. The longer you wait, the more asset changes, relocations, and transfers complicate collection. Act now.

A judgment lien attaches to the debtor's property and establishes priority against later creditors. Two categories in Florida:

  • Real property lien: Record a certified copy of the judgment in the Official Records of the county where the debtor owns real estate (Fla. Stat. § 55.10). This prevents any sale or refinance without satisfying the lien.
  • Personal property lien: File a Judgment Lien Certificate with the Florida Department of State at sunbiz.org. Covers vehicles, boats, equipment, and other titled personal property.

We record liens immediately upon case acceptance to establish priority. A debtor who sells property after the lien is recorded cannot transfer clear title without paying the judgment.

Florida judgment interest accrues at a statutory rate set annually by the Florida Chief Financial Officer. The rate applies from the date of judgment entry forward. Every year you hold an unpaid judgment, interest compounds the amount owed.

Use our Judgment Interest Calculator to see the exact current value of your judgment including all accrued interest.

Under Florida Rule of Civil Procedure 1.420(e), if no record activity occurs in a case for 10 months, the clerk is authorized to serve a Notice of Lack of Prosecution on all parties. If no record activity then occurs within 60 days of that notice — and no stay is entered — the court dismisses the action on its own motion.

This does not erase the judgment. But it does kill your active enforcement action — meaning writs, garnishments, or levies in process are terminated. You must refile and restart.

Courts are using this rule aggressively to clean dockets. Creditors who filed enforcement paperwork years ago and never followed up are at risk. AllClear Judgment Recovery maintains continuous record activity on every active case to prevent dismissal. If you have a dormant enforcement action, get a review now.

Yes. Florida's Enforcement of Foreign Judgments Act allows domestication of judgments from other U.S. states. Once domesticated by filing in a Florida court, the judgment carries the same force as one originally entered here and is subject to all Florida enforcement tools — garnishments, levies, liens.

Foreign-country judgments may also be enforceable under comity principles, though additional scrutiny applies. If your debtor has assets in Florida and you hold a judgment from another jurisdiction, call to assess domestication.

Enforcement Tools — What Gets Used and When

Yes. Florida allows a continuing writ of wage garnishment for civil judgments. The federal CCPA limit applies — up to 25% of disposable earnings, or the amount by which earnings exceed 30 times the federal minimum wage, whichever is less.

The head-of-family exemption is the primary defense debtors use: wages at or below $750 per week are fully protected if the debtor is the head of a household providing more than half the support for a dependent. This exemption evaporates if the debtor voluntarily waived it in writing at the time of the original debt.

When wage garnishment applies, it continues — deducted from each paycheck — until the judgment is satisfied or the debtor changes employers and the writ must be re-served.

Yes. A writ of garnishment served on a financial institution freezes all non-exempt funds on deposit at the moment of service. The bank is required to hold those funds and report the balance to the court. After exemption claims are resolved — typically 20 days — the non-exempt portion is turned over to satisfy the judgment.

The key variables: identifying the correct bank and branch, timing the writ to maximize the balance captured, and anticipating the debtor's exemption claims. Funds derived from Social Security, certain pension income, and other protected sources are exempt.

Bank garnishment is one of the fastest collection tools when the debtor's financial institution is correctly identified. We locate accounts through database investigation and public records.

Florida has some of the broadest debtor exemptions in the country. Common protected categories:

  • Homestead: The primary residence is fully exempt from forced sale for most civil judgments — a significant shield for property owners.
  • Head-of-family wages: Wages at or below $750/week, if waiver was not signed.
  • Social Security and federal benefits: Fully exempt from garnishment.
  • Qualified retirement accounts: IRAs, 401(k)s, pension plans — generally exempt.
  • Life insurance cash value: Exempt in most circumstances.
  • Personal property: Up to $1,000 in personal property per debtor; or up to $4,000 if no homestead exemption is claimed.

Exemptions are claimed by the debtor and must be adjudicated. Many debtors overclaim exemptions. We challenge improper claims through the court process.

Under Florida Rule of Civil Procedure 1.560, a judgment creditor can require the debtor to complete a Fact Information Sheet — a court-ordered sworn disclosure of income, assets, employment, bank accounts, and property. Noncompliance is not optional. Failure to respond, or providing false information, supports a motion for contempt.

It is one of the most effective pressure points in post-judgment enforcement. A debtor who ignores the Fact Information Sheet faces an Order to Show Cause, potential sanctions, and civil contempt proceedings — including the possibility of incarceration until compliance.

Contempt proceedings significantly increase settlement pressure. Debtors who claim to have "nothing" often respond differently when facing a court order and potential contempt findings.

"I have nothing" is a claim, not a fact. We verify independently through skip-tracing, public records, employment databases, property searches, UCC filings, and court-ordered discovery. Assets acquired after the judgment — including real estate purchases, inheritances, business interests — remain subject to collection throughout the 20-year enforcement window.

When a debtor ignores court orders — Fact Information Sheets, orders to appear, deposition notices — we move for an Order to Show Cause. The court can compel compliance, impose monetary sanctions, and hold the debtor in civil contempt.

The pressure model works: persistent enforcement activity, active docket management, and contempt proceedings increase the likelihood of negotiated settlement significantly.

Process — What to Expect and What You Need

At minimum:

  • A copy of the final judgment if available (case number, court, date of entry, dollar amount)
  • Debtor's full legal name and last known address
  • Debtor's date of birth or Social Security number, if known
  • Any prior collection attempts and their outcomes
  • Any known asset information — employer, bank, real property address

The more information provided upfront, the faster enforcement begins. We conduct independent asset investigation regardless, but known starting points cut timeline significantly.

Start with our free judgment review form — it captures exactly what we need for an initial collectability assessment.

Honestly — longer than most creditors expect. That's not a flaw in the process; it's the nature of collecting from someone who does not want to be collected from.

Best case (weeks to a few months): The debtor has a known employer or an identifiable bank account at case intake. We file and serve the writ, the institution responds, exemption claims are resolved, and funds are turned over. This scenario exists — but it is the exception, not the rule. Most debtors who owe unpaid judgments have already made themselves harder to reach.

Typical case (6–18 months): Asset investigation is required from scratch. Over 70% of judgment debtors are non-responsive, which means we are working public records, databases, and court-ordered discovery tools to build the picture — employer, accounts, real property, business interests — before the first writ is served. Add in exemption claims, debtor objections, and the occasional address change, and six months to collect a straightforward debt is realistic. Twelve to eighteen months is common.

Contested case (18 months to years): This is where most serious collection work actually lives. Debtors who owe significant money are often sophisticated enough to fight — they close bank accounts after a levy, reopen businesses under new names, transfer assets to family members, or simply drag every proceeding out. These cases require proceedings supplementary, fraudulent transfer litigation, depositions under oath, and sustained enforcement pressure. We pursue them. They take time.

A realistic timeline is not a reason to wait. Every month of delay is a month the debtor has to move assets, change employers, or file bankruptcy. The best time to engage enforcement was the day the judgment was entered. The second best time is now.

Throughout every stage, AllClear Judgment Recovery maintains continuous record activity to prevent dismissal for lack of prosecution under Rule 1.420(e). You receive updates at every material development — not just when there is good news.

An automatic stay halts most collection activity immediately upon filing. Active writs must be paused. This is not the end of collection — it is a shift in arena.

AllClear Judgment Recovery monitors the bankruptcy case, files a proof of claim, and evaluates whether the underlying debt is nondischargeable. Judgments based on fraud, willful injury, or certain other grounds survive bankruptcy discharge under 11 U.S.C. § 523. If the debt is nondischargeable, collection resumes in full after the bankruptcy closes.

Bankruptcy is sometimes used by debtors as a delay tactic, not a genuine resolution. We track the proceedings and re-engage immediately when the stay lifts or discharge is denied.

Assignment is a standard tool in judgment enforcement. You sign an Assignment of Judgment or a limited power of attorney that authorizes AllClear Judgment Recovery to act in your name — or as assignee in our own name — for collection purposes.

You retain all rights to the underlying debt. The assignment is strictly for enforcement. Recovered funds are disbursed to you net of the agreed contingency fee. If no funds are recovered, nothing is owed. The assignment can be revoked if both parties agree.

This structure works precisely because it aligns AllClear Judgment Recovery's interest with yours: we only profit if we collect.

80% of Florida civil judgments go unpaid — the vast majority of creditors never attempt professional enforcement, or they attempt it once and stop. The creditors who do engage AllClear Judgment Recovery are already ahead of that curve. Actual recovery depends almost entirely on whether the debtor has discoverable, non-exempt assets.

  • Strong cases: Debtor has active employment, identifiable bank accounts, or real property with equity. Recovery probability is high.
  • Moderate cases: Some assets exist but require deeper investigation or multiple enforcement actions. Recovery is achievable on a longer timeline.
  • Hard cases: Debtor is genuinely asset-light, self-employed in cash, or domiciled in a homestead with no other attachable assets. We tell you this during the free initial review.
We conduct a free collectability assessment before any agreement is signed. If the case isn't enforceable, we say so. We don't take cases we can't work.

That Judgment Is Money. Let's Go Get It.

Free collectability assessment. Zero upfront cost. You pay nothing unless we recover. Call now or submit your judgment details online.

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Disclaimer: I am not an attorney. The information on this website is not legal advice. If you desire legal advice, consult a competent, licensed attorney in your area. All information, content, and materials available on this site are for general informational purposes only and do not constitute legal advice. Information on this website may not constitute the most up-to-date legal or other information. This website is for informational purposes only.