What Happens If You Have a Judgment Against You in Florida?

A judgment against you in Florida is a court order stating that you owe money to a creditor. Winning a lawsuit allows the creditor to legally collect the amount awarded by the court. However, a judgment does not automatically force payment—it gives the creditor powerful tools to pursue your assets until the debt is satisfied or the judgment expires.

What Can a Creditor Do After Getting a Judgment in Florida?

Once a creditor obtains a final judgment, they gain the ability to use a variety of collection methods under Florida law. These tools can include:

• Bank Account Garnishment: Creditors can freeze and seize non-exempt funds held in your bank accounts.
• Wage Garnishment: A creditor may obtain a continuing writ to garnish a portion of your paycheck, unless you qualify for Florida’s head of household exemption.
• Property Liens: A judgment can automatically become a lien against any real property located in the county where it is recorded (other than your Florida homestead).
• Sheriff’s Levy: Non-exempt personal property, such as cars, boats, or valuable items, can be seized and sold to satisfy the judgment.

Creditors may also compel you to attend a deposition in aid of execution, where they can ask detailed questions about your finances under oath.

Can You Lose Your House to a Judgment in Florida?

Florida’s homestead protection prevents a judgment creditor from forcing the sale of your primary residence, provided you meet the legal requirements. The homestead exemption in Florida is one of the strongest in the country, protecting unlimited value in your home if you properly qualify.

You must reside in the property as your primary residence. The lot must be 1/2 acre or less if inside a municipality or 160 acres or less in the unincorporated county.

However, second homes, rental properties, and investment properties are not protected by the homestead laws and can be vulnerable to liens and foreclosure.

How Long Does a Judgment Last in Florida?

In Florida, a judgment is valid for 20 years. The creditor can renew a judgment lien against real estate every 10 years by re-recoding the judgment.

Interest accrues on unpaid judgments at a statutory rate, meaning that the total amount you owe will grow over time if the judgment remains unpaid.

Can You Go to Jail for Not Paying a Judgment?

You cannot be sent to jail simply for failing to pay a civil judgment. Florida law prohibits incarceration for unpaid civil debts like credit cards, loans, or medical bills.

However, if you refuse to obey a court order related to the collection process—such as ignoring a subpoena for a deposition or refusing to provide required financial information—you could be held in contempt of court. Contempt is about disobeying a court order, not about owing money.

How Can You Protect Yourself After a Judgment in Florida?

If you have a judgment against you, you still have options to protect your assets:

• Use Florida Exemptions: Your homestead, certain wages, retirement accounts, and specific personal property are protected under Florida law.
• Negotiate a Settlement: Many creditors are willing to accept a reduced lump sum payment or structured settlement to resolve the judgment.
• Implement Asset Protection Strategies: Certain legal strategies can protect non-exempt assets if done properly and timely.
• Consider Bankruptcy: In some cases, filing for bankruptcy can discharge the judgment and protect your exempt property.

It is important to act quickly. Asset protection opportunities narrow once collection efforts begin.