Execution and Levy in Florida

A judgment creditor in Florida can seize a debtor’s personal property through a legal process called execution and levy. The creditor obtains a writ of execution from the court that issued the judgment, and the county sheriff physically takes the debtor’s non-exempt assets for sale at public auction. Execution and levy is one of several Florida judgment collection tools governed primarily by Chapter 56 of the Florida Statutes.

Execution refers to the court’s writ authorizing seizure. Levy refers to the sheriff’s physical act of taking property. The two terms describe different stages of a single collection process, but Florida practitioners and courts use them together because one cannot occur without the other.

Writ of Execution

A writ of execution is a court order directing the sheriff to seize property belonging to the judgment debtor. The creditor obtains the writ from the clerk of the court that entered the judgment. No separate hearing or judicial approval is required—the clerk issues the writ as a ministerial act once a final judgment exists and the appeal period has passed.

The standard form is Florida Rule of Civil Procedure Form 1.914. The writ commands the sheriff to levy on “the goods and chattels, lands and tenements” of the debtor in the amount of the judgment plus post-judgment interest at the statutory rate. The creditor delivers the original writ to the sheriff’s office in the county where the debtor’s property is located. If the debtor owns property in multiple counties, the creditor must obtain separate writs for each county.

What Personal Property Can Be Seized

Florida law allows a creditor to levy on any personal property that is not exempt from execution. Personal property includes tangible assets like vehicles, furniture, jewelry, artwork, electronics, business equipment, and inventory. It also includes intangible assets such as stock certificates in privately held corporations and the contents of safe deposit boxes.

Common levy targets include automobiles owned free and clear, business inventory and equipment, valuable personal possessions inside the debtor’s home, stock in the debtor’s own corporation, and boats or recreational vehicles. The creditor must identify specific property in advance—the sheriff will not search the debtor’s home or business looking for assets to seize.

Property that belongs to someone other than the judgment debtor cannot be levied. Leased vehicles, for example, are owned by the leasing company and are not subject to levy for the lessee’s debts. If a third party claims ownership of property the sheriff has seized, that person may file a claim of exemption under § 56.16 and post a bond to recover the property.

Steps in the Levy Process

The creditor begins by obtaining the writ of execution from the clerk. The creditor then delivers the writ and written levy instructions to the sheriff’s office. The levy instructions must specifically describe the property to be seized and provide its location. For vehicles, the instructions include the make, model, VIN, and address where the vehicle can be found.

Before the sheriff can sell the property, the creditor must search the Florida Department of State’s records at sunbiz.org for any judgment lien certificates filed under the debtor’s name. The creditor must also search for UCC financing statements filed against the debtor. Florida Statute § 56.27(4) requires the creditor to file a sworn affidavit with the sheriff disclosing all liens found in the search.

The creditor must notify all lien holders and UCC secured creditors of the sale date and location by certified mail. The sheriff then advertises the sale once per week for four consecutive weeks in a local newspaper. The sale date must be at least 30 days after the first advertisement.

The sheriff’s deposit requirements vary by county. Typical deposits range from $500 for simple personal property levies to several thousand dollars for vehicle or real property levies. The creditor gets the deposit back if the sale generates sufficient proceeds.

Sheriff’s Sale and Distribution of Proceeds

At the sheriff’s sale, property is sold to the highest bidder for cash. The creditor may bid up to the amount of its judgment without paying cash—this is called a credit bid. The debtor may also bid on their own property at the auction.

The sheriff distributes sale proceeds in a specific order required by statute. The sheriff first deducts its own fees and costs of levy. Next, the sheriff pays the levying creditor a $500 statutory liquidation allowance regardless of actual costs incurred. The sheriff then pays judgment lien holders in the order their lien certificates were filed with the Department of State. If multiple creditors hold liens, the filing date of each judgment lien certificate determines priority.

Any surplus after all lien holders are paid goes back to the debtor. If the sale proceeds are insufficient to satisfy even the sheriff’s costs, the levying creditor bears responsibility for the shortfall.

Vehicle Levies

Vehicle levies are among the most common execution targets because cars are easy to locate and have identifiable value. The sheriff can tow a vehicle from a public street, parking lot, or the debtor’s driveway. The vehicle is stored until the auction.

Florida Statute § 222.25 exempts up to $5,000 of equity in a motor vehicle from levy by unsecured judgment creditors. The debtor must assert this exemption by filing an affidavit with the court and the sheriff within 15 days of the levy. If the debtor does not claim the exemption in time, it may be waived.

Vehicles with existing loan balances present a practical problem for creditors. The lender’s lien takes priority over the judgment creditor’s interest, and the lien must be satisfied from the sale proceeds before the judgment creditor receives anything. A car with $25,000 in debt and $28,000 in value leaves only $3,000 in equity, which is less than the $5,000 exemption. Creditors generally pursue vehicle levies only against expensive vehicles owned free and clear.

Leased vehicles cannot be levied because the debtor does not own them. The leasing company holds title, and the debtor’s right to use the vehicle under a lease is not property subject to execution.

Levy on Corporate Stock

A creditor can levy on shares of stock in the debtor’s privately held corporation. The sheriff seizes the stock certificates and sells them at auction. The creditor may bid the amount of its judgment at the auction.

The buyer at auction acquires all rights the debtor held as a shareholder. If the debtor owned 100% of the issued stock, the auction buyer gains complete control of the corporation and all corporate assets—including bank accounts, equipment, and real estate held in the corporation’s name. This makes corporate stock one of the most powerful levy targets available.

If the debtor claims that the corporation never issued stock certificates or that the certificates have been lost, the creditor can obtain a court order directing the corporation to reissue certificates. Failure to comply with the court order can result in contempt sanctions.

A creditor cannot levy on a debtor’s membership interest in a multi-member LLC. Florida law limits the creditor’s remedy to a charging lien on distributions paid to the debtor. This distinction between corporate stock and LLC membership interests is one of the primary reasons asset protection attorneys recommend multi-member LLCs over corporations for holding business assets.

Break Orders

Personal property located inside a debtor’s home can be seized through levy, but the sheriff cannot force entry without court authorization. If the debtor refuses access, the creditor must obtain an “order of break and enter” from the court. This order authorizes the sheriff to enter the debtor’s residence and seize identified non-exempt property.

Some Florida courts issue break orders without advance notice to the debtor. The rationale is that notice would allow the debtor to remove or hide the targeted property before the sheriff arrives. Other courts require notice and a hearing before authorizing forced entry.

The homestead exemption protects the home itself from forced sale, but it does not protect personal property inside the home. A creditor with a break order can direct the sheriff to seize artwork, jewelry, electronics, collectibles, and any other non-exempt items.

Personal Property Exemptions

Florida Statute § 222.25 allows a debtor to exempt $1,000 in personal property from execution. If the debtor does not claim a homestead exemption, the personal property exemption increases to $4,000. The debtor chooses which items to protect within the exemption amount.

Additional exemptions apply to specific categories of property. Head-of-household wages remain exempt even after deposit into a bank account, provided the debtor can trace the funds. Qualified retirement accounts, life insurance cash values, and annuity contracts are exempt without dollar limitation. Property held by a married couple as tenants by the entireties is protected from the individual debts of either spouse.

The debtor claims exemptions by filing a sworn statement with the court identifying the exempt property. The creditor may contest the claim, and the court holds an evidentiary hearing to resolve any dispute.

Real Property Execution

Although the writ of execution language references “lands and tenements,” the process for reaching a debtor’s real estate differs from personal property levy. A creditor cannot direct the sheriff to seize and sell real property in the same manner as personal property. Instead, the creditor records a certified copy of the judgment in the county where the property is located, creating a judgment lien on non-homestead real estate. The creditor then forecloses on that lien through a judicial sale.

The practical distinction matters. Personal property levies can proceed relatively quickly once the writ is issued. Real property foreclosures require a separate court proceeding, advertising requirements, and compliance with Florida’s foreclosure procedures, a process that takes months.

When Levy Is and Is Not Practical

Execution and levy is a powerful collection tool in theory but is expensive and unpredictable in practice. Sheriff’s fees, storage costs, advertising expenses, and auction logistics can cost several thousand dollars before any recovery occurs. Auction prices for used personal property are typically well below retail or fair market value.

Creditors most often pursue levy when the debtor owns high-value unencumbered assets—an expensive vehicle with no loan, valuable artwork, or 100% of a corporation’s stock. For most consumer debtors, bank account garnishment and wage garnishment are more cost-effective collection methods because they target liquid assets with minimal execution costs.

Understanding which assets are vulnerable to execution is central to Florida asset protection planning. A debtor who converts non-exempt personal property into exempt assets before a judgment is entered reduces the creditor’s available targets for execution. Paying down a mortgage on a homestead or funding a retirement account strengthens the debtor’s position in settlement negotiations.