Judgment + Collection

A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree.

A certified copy recorded in a county's official records makes the judgment a lien on the debtor's real property there — but ONLY if the judgment holder's address rides in the judgment or in a simultaneously recorded affidavit. The statute's own words deny the lien without it. The initial lien runs 10 years from recording.

Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.

Rerecording before the lien expires — with a current-address affidavit recorded simultaneously, again — extends the lien 10 more years, and § 55.081 sets the outer wall: no lien survives 20 years from the judgment's entry. The extension fails without the affidavit, in the statute's own words.

Any judgment for money damages or order for a judicial sale and any process or writ directed to a sheriff for execution shall bear, on its face, the rate of interest that is payable on the judgment.

The Chief Financial Officer sets the judgment interest rate quarterly (the statute's own formula: the averaged federal discount rate plus 400 basis points), the judgment must state its rate on its face, and § 55.03(4) lets the sheriff decline to act on paper that omits it. Form 7.340's blank for the rate is this statute's demand.

After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff’s agent or attorney, shall file a motion (which shall not be verified or negative defendant’s exemptions) stating the amount of the judgment. The motion may be filed and the writ issued either before or after the return of execution.

The post-judgment garnishment motion is deliberately spare — the statute itself says it is not verified and does not negative the defendant's exemptions. The exemption fight happens on the debtor's claim, not in the creditor's motion.

The plaintiff must mail, by first class, a copy of the writ of garnishment, a copy of the motion for writ of garnishment, and, if the defendant is an individual, the “Notice to Defendant” to the defendant’s last known address within 5 business days after the writ is issued or 3 business days after the writ is served on the garnishee, whichever is later.

The judgment holder who wins the writ inherits its clocks: the individual-defendant notice mails within 5 business days of issuance (or 3 of service on the garnishee, whichever is later), and the garnishee's answer is served with a 20-day dissolve notice under § 77.055. Miss the debtor's exemption claim and § 77.041(3) dissolves the writ automatically — see the debtor's shield.

All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied at any time prior to the actual levy of execution issued thereon by payment of the full amount of such judgment or decree, with interest thereon, plus the costs of the issuance, if any, of execution thereon into the registry of the court where rendered.

Two closing paths: the debtor can pay the full amount with interest into the court registry and the CLERK executes and records the satisfaction on the statute's own form — or the judgment holder signs Form 7.347 (the Official Forms Desk completes it), whose committee notes themselves point to § 55.141 for registry disbursements.

There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person: (1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner’s consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner’s family; (2) personal property to the value of one thousand dollars.

The Florida Constitution itself walls the homestead from forced sale and from judgment liens — 160 contiguous acres outside a municipality, half an acre inside one — with the constitution's own three exception classes (taxes and assessments; purchase, improvement, or repair obligations; labor on the realty). It also shields $1,000 of personal property for every natural person.

All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment. (b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing.

A head of family — anyone providing more than half the support for a child or other dependent — keeps ALL disposable earnings at or under $750 a week, and even above that line garnishment requires a prior written waiver in the statute's own prescribed 14-point form. Non-heads of family are protected by the federal Consumer Credit Protection Act limits the statute incorporates.

Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.

Exempt wages do not lose their shield at the bank door: deposited earnings stay exempt for 6 months where they can be traced and identified, and the statute's own words say commingling alone does not defeat the trace.

The following property is exempt from attachment, garnishment, or other legal process:(1) A debtor’s interest, not to exceed $5,000 in value, in a single motor vehicle as defined in s. 320.01(1). (2) A debtor’s interest in any professionally prescribed health aids for the debtor or a dependent of the debtor.

Beyond wages: $5,000 of one motor vehicle, prescribed health aids, the federal earned-income credit, and — for a debtor not claiming or receiving the homestead exemption's benefits — a $4,000 personal-property wildcard. The statute's own carve-out: the wildcard and the EITC shields do not reach child-support or spousal-support debts.

The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or of any creditor of the person who is the beneficiary of such annuity contract, unless the insurance policy or annuity contract was effected for the benefit of such creditor.

Life-insurance cash value and annuity proceeds are shielded unless the contract was effected for that creditor's benefit — and § 222.201 adds the federal 522(d)(10) list (the benefits-and-support categories) on top of state law. The § 222.061 inventory-and-affidavit procedure is the statutory path for exempting personal property from levy.

IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK’S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE’S ATTORNEY AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.

The garnishment notice carries the claim form inside it — twelve checked categories in the statute's own text (head-of-family wages, Social Security, SSI, public assistance, workers' compensation, reemployment assistance, veterans' benefits, retirement, insurance and annuities, disability income, prepaid college and medical savings, and other exemptions provided by law). The sworn claim files with the clerk within 20 days of receiving the notice, a copy goes to the plaintiff and the garnishee, and if the plaintiff does not answer under oath within 8 business days of hand delivery (14 if mailed), the statute's own words: no hearing is required and the clerk must automatically dissolve the writ.