Florida Commercial Collections and Judgments

Matters we handle

• Demand letters and negotiated payment plans
• Lawsuits on unpaid invoices, open accounts, promissory notes, and personal guaranties
• Judgment liens on real and personal property
• Garnishment of bank accounts and other money owed to the debtor
• Proceedings supplementary, including claims against people who received the debtor’s assets
• Recording and enforcing out-of-state judgments in Florida
• Fraudulent transfer claims

Florida law at a glance

• Recording a certified copy of a judgment in a county’s official records creates a lien on the debtor’s real property in that county (section 55.10, Florida Statutes).
• Filing a judgment lien certificate with the Florida Department of State creates a lien on certain personal property (sections 55.202 and 55.203).
• Garnishment is governed by Chapter 77, proceedings supplementary by section 56.29, and fraudulent transfers by Chapter 726.
• A judgment from another state can be recorded and enforced in Florida under the Florida Enforcement of Foreign Judgments Act (sections 55.501 through 55.509).
• Florida’s homestead and other exemptions protect some assets from collection.
• Many contracts allow the winning party to recover attorney’s fees, and section 57.105(7) makes a one-sided fee clause apply to both parties.

General information about Florida law, not legal advice about your situation. Deadlines and requirements depend on the facts and the documents involved.