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

A judgment entered against you in Florida creates a legally enforceable debt that gives the creditor access to the full range of civil collection tools. The creditor can record liens against your property, garnish your bank accounts and wages, examine you under oath about your finances, and direct the sheriff to seize and sell non-exempt personal property.

Florida law does not impose criminal penalties for failing to pay a civil money judgment. You cannot be arrested or jailed for owing money. The consequences are entirely financial, but they can be severe. A Florida judgment remains enforceable for 20 years, and post-judgment interest accrues on the unpaid balance for the entire period.

The First Steps After a Judgment Is Entered

Enforcement does not begin the moment a judgment is entered. Florida law provides a 10-day window after entry during which either party can file a motion for rehearing. If a rehearing motion is filed and granted, enforcement is stayed until the court resolves it. If no motion is filed, collection efforts can begin after the 10-day period expires.

One of the first things that happens is a court order requiring you to complete a Fact Information Sheet, a sworn form that requires disclosure of your income, bank accounts, real property, vehicles, business interests, and other assets. Failure to complete and return this form can result in contempt proceedings. This is one of the few post-judgment situations where non-compliance carries sanctions with real consequences.

The creditor will also typically conduct a deposition in aid of execution. This is a formal examination under oath where the creditor’s attorney questions you about your financial situation in detail. You are required to answer truthfully. Lying during this process constitutes perjury and can undermine your credibility with the judge for the duration of the case.

Liens on Your Property

A creditor who records a certified copy of the judgment in the county where you own real property creates a judgment lien on all non-homestead real estate in that county. The lien prevents you from selling or refinancing the property without satisfying or negotiating around the judgment. Real property liens last 10 years and can be renewed for an additional 10 years by re-recording.

The creditor can also file a Judgment Lien Certificate with the Florida Department of State, creating a lien on your personal property statewide. This covers tangible assets like vehicles, equipment, and inventory, as well as payment intangibles and accounts receivable since the 2023 Judgment Lien Improvement Act expanded its scope. The personal property lien lasts five years with one available renewal.

Neither type of lien attaches to your homestead while your primary residence retains its protected status. Liens also cannot attach to property owned as tenants by the entireties when the judgment is against only one spouse.

Garnishment of Bank Accounts and Wages

A writ of garnishment served on your bank freezes your accounts immediately. You receive no advance notice. The bank holds the funds and reports the account balances to the court and creditor. You then have 20 days to file a claim of exemption identifying any protected funds (Social Security deposits, disability payments, or head of household wages) in the frozen accounts.

If you fail to file the exemption claim within the 20-day window, the court releases the frozen funds to the creditor regardless of whether the money was actually exempt. Many debtors lose protected funds simply because they do not respond quickly enough.

Wage garnishment requires the creditor to serve a continuing writ on your employer. Federal law caps the garnishment at 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage, whichever is less. Florida’s head of household exemption provides broader protection. If you provide more than half the support for a dependent, your wages are fully exempt from garnishment. You must affirmatively claim this exemption by filing the appropriate paperwork with the court.

Seizure of Personal Property

The creditor can obtain a writ of execution and direct the sheriff to levy on your non-exempt personal property. The sheriff can seize vehicles, jewelry, artwork, electronics, and other tangible assets. Seized property is sold at public auction, and the proceeds are applied to the judgment balance after deducting the sheriff’s fees and costs.

Florida exempts a debtor’s interest in one motor vehicle worth up to $5,000 and up to $1,000 in additional personal property from execution. If you do not own homestead property, you can claim a $4,000 personal property exemption instead, and you can stack it with the vehicle exemption to protect up to $9,000 in combined value. These exemptions must be claimed affirmatively. The sheriff will not apply them automatically.

Post-Judgment Interest

An unpaid judgment accrues interest at the statutory rate set by Florida’s Chief Financial Officer, which is tied to the federal discount rate and adjusted annually. The interest compounds over time and is added to the judgment balance.

A $100,000 judgment left unpaid for the full 20-year enforcement period can grow substantially. At rates near the historical average, the total including interest may exceed two or three times the original amount. Every collection tool available for the original judgment applies equally to the interest portion. Even partial payments reduce the principal but do not stop interest from running on the remaining balance.

What Creditors Cannot Take

Florida’s exemption laws protect several categories of assets from judgment collection. Your primary residence is protected by the homestead exemption regardless of its value. Qualified retirement accounts—including 401(k) plans, IRAs, and pensions—are fully exempt. The cash value of life insurance policies and annuity contracts cannot be reached by judgment creditors. Social Security income, disability benefits, and veterans’ benefits are protected under federal law.

Property held as tenants by the entireties between married spouses is shielded from the individual debts of either spouse. A creditor with a judgment against only one spouse cannot garnish an entireties bank account, levy on entireties personal property, or foreclose on entireties real estate.

A debtor whose assets consist primarily of exempt property may be effectively judgment proof—the creditor holds a valid judgment but has no practical means to collect. The judgment remains enforceable for up to 20 years, however, and the creditor can resume collection if the debtor later acquires non-exempt assets.

Contempt of Court

You cannot be jailed for owing money on a civil judgment. You can face contempt proceedings only for defying specific court orders issued during the collection process.

The most common situations involve a debtor who refuses to appear for a court-ordered deposition, fails to complete a Fact Information Sheet, or defies a turnover order directing the debtor to surrender non-exempt assets. In each case the court is not punishing the underlying debt—it is sanctioning disobedience of a direct court order. The court must find that you had the ability to comply and willfully refused. Genuine inability to pay or produce the ordered information is a defense to contempt.

Credit Reporting and Long-Term Consequences

A judgment can appear on your credit report and remain there for up to seven years from the date of entry. The presence of a judgment makes it significantly harder to obtain new credit, qualify for a mortgage, or pass a background check for rental housing or employment. Even after seven years, an unpaid judgment remains enforceable and continues accruing interest—the credit reporting limitation does not affect the creditor’s legal rights.

Recording the judgment as a lien against your real property creates a practical barrier to any future real estate transaction. A title company will not insure a sale or refinance unless the lien is satisfied or the debtor follows the statutory process for selling homestead property free of liens.

Settlement and What to Do Next

The worst response to a judgment is to ignore it. Interest accrues daily, and the creditor’s collection tools become more effective over time as discovery reveals more about your financial situation.

Creditors who cannot locate sufficient non-exempt assets often negotiate a settlement for less than the full judgment amount. A debtor with primarily exempt assets has substantial negotiating leverage because the creditor faces the choice between accepting a reduced payment now or spending years pursuing collection with no guarantee of recovery. Settlements typically involve either a lump-sum payment or a structured installment plan.

Once the agreed amount is paid, the creditor must file a Satisfaction of Judgment with the court. Florida law requires the creditor to record the satisfaction within 30 days of receiving full payment. An unrecorded satisfaction leaves judgment liens on your property title and can interfere with future sales or refinancing. Always obtain written confirmation that the creditor will file the satisfaction before making final payment.