How do I collect a judgment in Broward County?

Record a certified copy of the judgment in the Official Records of every county where the debtor may own real estate, consider a judgment lien certificate with the Florida Department of State for personal property, find the debtor’s assets, and then use tools such as writs of execution, garnishment and proceedings supplementary with your attorney.

How long does a judgment lien last in Florida?

A recorded lien on real property lasts an initial 10 years and can be extended, but no judgment is a lien after 20 years from entry. A personal property judgment lien certificate lapses after 5 years, with one possible second certificate.

Can a creditor take my house in Florida?

A qualifying primary residence is generally protected by Florida’s constitutional homestead exemption. Other real estate, such as a rental or second home, generally is not.

Can my wages be garnished in Florida?

If you provide more than half the support for a child or other dependent, s. 222.11 exempts all disposable earnings of $750 a week or less, and earnings above that may not be garnished unless you agreed otherwise in writing. Other debtors are subject to federal limits.

Can a private investigator find a debtor’s bank accounts?

An investigator cannot obtain balances or statements by pretext, which federal law prohibits. Public filings can indicate which banks a debtor deals with, and your attorney reaches the accounts through subpoenas and garnishment.

How to Collect a Judgment in Broward County: Finding Assets

Winning a case in Broward County’s 17th Judicial Circuit can feel like the finish line. For many judgment creditors, it is the starting line. The court has decided that you are owed money, but it does not collect it for you, and a debtor who did not pay before the lawsuit often does not pay after it either. Collecting means finding out what the debtor owns, attaching liens to it, and using the tools Florida law provides, while respecting the protections the law gives debtors. This guide explains the process in plain terms and shows where an asset search fits. It is general information, not legal advice; your attorney should guide every enforcement step.

Step 1: secure your liens

Florida has two separate judgment lien systems, and creditors often use both.

Real property. A judgment becomes a lien on real property in a county when a certified copy is recorded in that county’s Official Records, provided the judgment or a simultaneously recorded affidavit contains the creditor’s address (s. 55.10, F.S.). The lien lasts an initial 10 years and can be extended by re-recording, but no judgment is a lien on property after 20 years from entry (s. 55.081, F.S.). In Broward, documents are recorded by the County’s Records, Taxes and Treasury Division. If the debtor owns property in Miami-Dade, Palm Beach or elsewhere, the judgment has to be recorded in each of those counties too.
Personal property. A separate judgment lien on personal property is acquired by filing a judgment lien certificate with the Florida Department of State once the judgment is final (s. 55.202, F.S.). That lien lapses after 5 years, and the creditor can file one second lien certificate in a window around the lapse date (s. 55.204, F.S.).

Liens matter because they establish priority. If the debtor later sells or refinances real estate, a recorded judgment lien generally has to be dealt with at closing.

Step 2: learn what the debtor owns

Florida procedure gives you a direct tool: after judgment, the court can require the debtor to complete a sworn Fact Information Sheet listing employment, bank accounts, real estate, vehicles and other assets. Your attorney can also take a post-judgment deposition. Both are useful, but both depend on the debtor telling the truth. An independent asset search lets you test the answers and find what was left out.

Step 3: enforce against what you find

Depending on the asset, your attorney may use:

A writ of execution, which directs the sheriff to levy on non-exempt property.
Garnishment of wages or of money a third party, such as a bank or a customer, owes the debtor.
Proceedings supplementary under s. 56.29, F.S., available to a creditor holding an unsatisfied judgment, which can reach assets held by others, including property the debtor transferred to avoid collection.

Know what Florida protects

Florida is known for strong debtor protections, and an honest assessment of collectability starts with them:

Homestead. The Florida Constitution (Art. X, s. 4) protects a qualifying primary residence from most judgment creditors.
Head-of-family wages. Under s. 222.11, F.S., a person providing more than half the support for a child or other dependent is exempt from garnishment on all disposable earnings of $750 a week or less, and earnings above that may not be garnished unless the person agreed otherwise in writing. Exempt wages deposited in a bank stay exempt for 6 months if they can be traced.
Other exemptions cover items such as many retirement accounts and certain insurance and annuity benefits. Your attorney will know which apply.

The point of an asset search is to find what falls outside these protections: a second property, a rental, a vessel, a business interest, money owed to the debtor, or assets moved to someone else.

What an asset search looks for

Real estate in every county where the debtor has lived or done business, including property titled to an LLC or trust the debtor controls. In Broward, the Property Appraiser’s site and the Official Records are starting points.
Business interests, through Florida’s Division of Corporations (Sunbiz) and other states’ registries: companies where the debtor is an officer, manager or registered agent.
Vehicles and vessels. These records are restricted by the federal Driver’s Privacy Protection Act, which permits their use in connection with court proceedings, including “the execution or enforcement of judgments and orders” (18 U.S.C. § 2721(b)(4)).
Liens and UCC filings, which can reveal lenders, equipment and other creditors competing for the same assets.
Lawsuits where the debtor is the plaintiff. A pending case or settlement can mean money coming to the debtor. The Broward County Clerk of Courts case search is one place to look, along with other counties and federal courts.
Employment and income sources, including self-employment and contract work.
Transfers to relatives or new entities shortly before or after the lawsuit. Florida’s fraudulent transfer law (Chapter 726, F.S.) can allow some of those transfers to be challenged; your attorney decides whether that is worth pursuing.

Locating a debtor who has moved

Collection stalls when nobody knows where the debtor lives or works. Investigators use skip tracing to find a current address and employer, which you may need to serve post-judgment papers, schedule a deposition or set up a wage garnishment. When a debtor is actively avoiding service, our difficult process service team handles the delivery.

What an investigator cannot do

An investigator cannot obtain bank balances or account statements by pretext; federal law prohibits obtaining financial institution information through false statements (15 U.S.C. § 6821). Bank information comes through lawful channels such as the debtor’s sworn disclosures, depositions, subpoenas and garnishment. What an investigator can do is identify which banks and lenders a debtor likely deals with from public filings, so your attorney knows where to direct legal process.

Hypothetical example: a Pembroke Pines contractor holds a judgment against a former client who says he owns nothing but his homestead. An asset search finds an LLC on Sunbiz with the debtor as manager, and that LLC holds title to a rental condo in Palm Beach County. The homestead stays protected, but the creditor’s attorney now has a non-exempt asset to pursue.

When to order an asset search

Ideally, before you sue, so you know whether a judgment is likely to be collectible. If you already have a judgment, order one before spending more on enforcement, and again if time has passed, since a debtor’s situation changes. We work directly with creditors and through their attorneys; see our attorney services.