Steps to Levy in Florida

A levy is a collection method used by creditors to collect on a judgment. With a levy, a creditor can get an order directing the sheriff’s office to seize the debtor’s personal property and apply it to satisfy a money judgment.

How to Levy in Florida

• Obtain a judgment
• Issue writ of execution
• Identify assets
• Provide the writ to the sheriff
• Seize the assets
• Notify the debtor
• Sell the assets

Obtain a Judgment

Before a creditor can levy a debtor’s assets, it must first obtain a money judgment against the debtor. The creditor can file a lawsuit against the debtor. Once the judgment is entered, the creditor can start the levy process.

Issue a Writ of Execution

Only a court can issue a writ of execution. A writ of execution is a formal document that authorizes a sheriff to seize the debtor’s assets in satisfaction of a money judgment. Without the writ of execution, a sheriff’s office cannot take a debtor’s personal property.

Identify Assets

A levy requires a creditor to identify assets in advance for for the sheriff’s officer to seize. The writ of execution does not allow the sheriff’s office to go to the debtor’s house and take whatever they find. Instead, the creditor must identify the assets in advance.

Provide the Writ to the Sheriff

The creditor must provide the writ of execution to the sheriff’s office with the identified assets. The sheriff’s office will charge the creditor a fee for executing the writ.

Seize the Assets

Once the sheriff’s office receives the writ, a deputy will be assigned. The deputy will physically remove the identified assets from the possession of the debtor.

Notify the Debtor

Once the debtor’s assets are seized, the debtor must be formally notified of what was taken in execution of the writ. The debtor can file a challenge in response. The debtor can file a motion to return any assets seized by the sheriff by claiming the assets were exempt or did not belong to the debtor. For example, a debtor can claim that assets taken from a marital home were exempt as tenants by entireties when the judgment is against one spouse alone.

Sell the Assets

After resolving any exemption claims, the sheriff’s office will sell the seized assets to the general public. The proceeds of the sale will first be used to pay the sheriff’s fees. The remaining amount will go to the plaintiff to satisfy the money judgment.