What Personal Property Can be Seized in a Judgment in Florida?

A judgment creditor in Florida can seize non-exempt personal property owned by the debtor to satisfy a judgment. Florida law protects certain categories of personal property from creditors, but anything not protected can be taken. Understanding what property is vulnerable is crucial to planning asset protection.

Definition of Personal Property for Judgment Collections

In Florida, personal property includes any assets that are not real estate. Personal property can be tangible, like furniture and vehicles, or intangible, like bank accounts and stocks. If personal property is not exempt under Florida or federal law, a creditor can request a writ of execution to seize it through the sheriff’s office.

Personal property is one of the primary targets for judgment collection efforts, particularly when a debtor does not own real estate or has already protected it through homestead exemption.

Types of Personal Property That Can Be Seized

Creditors may attempt to seize a wide range of personal property. Common examples include:

• Bank Accounts: Funds in checking and savings accounts can be frozen and garnished.
• Vehicles: Cars, trucks, boats, and RVs can be levied if they are not protected by exemptions or liens.
• Investment Accounts: Stocks, bonds, and mutual funds held individually are vulnerable.
• Jewelry and Valuables: High-value personal items like watches, jewelry, collectibles, and artwork may be seized.
• Business Interests: Ownership interests in non-LLC businesses such as sole proprietorships and partnerships are subject to seizure.

Personal property that is difficult to physically locate or that has little resale value may be less appealing for a creditor to pursue. However, if the value justifies it, a creditor can even seize and auction small items.

Seizure of Personal Property Inside Your Home

Personal property located inside a debtor’s home can be levied by a sheriff to satisfy a judgment. However, the sheriff must lawfully enter the property, typically after obtaining a court order called an “order of break and enter” if the debtor refuses access. Common targets include televisions, computers, high-end appliances, artwork, and jewelry.

Debtors are entitled to protect a portion of their household items under Florida’s personal property exemption. If a debtor claims the exemption properly, the sheriff must exclude the exempted items from seizure. It is important to organize and document exempt assets clearly before a levy occurs to avoid disputes during the execution process.

Property That Is Protected from Seizure

Florida provides strong protections for certain types of personal property. These exemptions include:

• Homestead Exemption: Protects the debtor’s primary residence, including attached fixtures.
• Personal Property Exemption: Florida law protects up to $1,000 of personal property, or $4,000 if the debtor does not claim a homestead exemption.
• Head of Household Wages: Wages earned by the head of a household are exempt from garnishment.
• Retirement Accounts: Qualified retirement accounts, including 401(k)s and IRAs, are protected.
• Life Insurance and Annuities: The cash value and proceeds of life insurance policies and annuities are generally exempt.

In many cases, judgment debtors can claim multiple exemptions together to shelter a significant portion of their personal assets from creditors.

How Creditors Seize Personal Property in Florida

Seizing personal property is a formal process under Florida law. A creditor must first obtain a writ of execution from the court that issued the judgment. This writ authorizes the county sheriff to seize specific non-exempt personal property. The sheriff may then levy the property, store it, and auction it to satisfy the judgment.

The debtor has the opportunity to claim exemptions either before or after the sheriff attempts to seize property. Filing the proper exemption paperwork can prevent the seizure or lead to the return of property if it was wrongfully taken.

Special Considerations for Bank Accounts and Vehicles

Bank accounts are among the easiest assets for creditors to reach. A judgment creditor can serve a writ of garnishment on the debtor’s bank without prior notice to the debtor. If exemptions apply, such as for Social Security deposits or head of household wages, the debtor must act quickly to protect those funds.

Vehicles require a levy through the sheriff’s office. If the debtor’s car is subject to a loan, the judgment creditor’s levy is subordinate to the lender’s lien. In many cases, heavily financed vehicles have little or no equity for a creditor to pursue.

Protection of Personal Property Owned by Married Couples

When a married couple in Florida owns personal property jointly as tenants by the entirety (TBE), the property is generally protected from the individual debts of either spouse. Tenancy by the entirety means that both spouses own an undivided interest in the entire property, and creditors of only one spouse cannot seize it.

Common personal property held as TBE includes jointly titled bank accounts, household furnishings, and vehicles. To claim this protection, the property must meet all legal requirements for TBE ownership, including intent and proper titling. If both spouses are liable for the judgment, the TBE protection does not apply.

Asset Protection Strategies for Personal Property

To protect personal property from judgment creditors, Florida residents often use a combination of strategies, such as:

• Claiming the full personal property exemption.
• Structuring ownership of assets through exempt entities like Florida LLCs or as tenants by entireties.
• Keeping protected funds, such as retirement account assets, separate from non-exempt assets.
• Properly documenting the source of exempt funds, especially in bank accounts.

In some cases, asset protection planning can make personal property effectively unreachable to creditors.