By the founder of SmallClaims
Winning a Florida small claims case is only half the job — if the defendant doesn't write you a check, collecting the judgment is entirely on you, and Florida law gives you several powerful tools to do it.
This guide covers the four main collection methods available to Florida judgment creditors — wage garnishment, bank levy, real property liens, and proceedings supplementary — the specific statutes that govern each one, and the critical exemptions that can block collection if you don't plan around them.
1. The moment you win: what a judgment actually gives you
Winning a judgment in small claims court does not automatically put money in your pocket. The court orders the defendant to pay, but enforcing that order is your responsibility. The clerk can't collect for you, and the sheriff won't act unless you direct them to. You are now a "judgment creditor," and the person who owes you money is the "judgment debtor."
Your judgment becomes collectible when it is final, recorded properly, and supported by the documents clerks and sheriffs require. Start by obtaining certified copies of the judgment from the clerk — usually two to four, depending on how many remedies you'll pursue. Confirm whether the judgment includes post-judgment interest and at what statutory rate. Create a simple working spreadsheet that tracks principal, accrued interest, payments, and costs.
On the interest rate: the current statutory rate for Q2 2026 is 8.25% per year, set by the Chief Financial Officer under § 55.03. Florida's post-judgment interest rate is not chosen by the judge or negotiated between the parties. Section 55.03 requires the Chief Financial Officer to calculate the judgment interest rate by looking at the Federal Reserve discount rate and adding a set number of basis points. Florida's statutory judgment interest is calculated as simple interest, not compound interest. The rate adjusts each January 1st, so the longer a debtor waits to pay, the more they owe.
2. Wage garnishment — the most reliable collection path
For many creditors, wage garnishment is the most reliable path to recovery because it converts an employer into a steady conduit for payment. The primary statute governing wage garnishment in Florida is found in Chapter 77 of the Florida Statutes. This chapter outlines the procedures creditors must follow to obtain a garnishment order, the rights of the debtor, and the responsibilities of employers.
Florida garnishment statute § 77.041 imposes procedural rules and deadlines for the creditor, and it allows a judgment debtor to contest the garnishment. A creditor begins the garnishment process by filing a short motion with the court ("Motion for Writ of Garnishment") and paying fees and deposits to the clerk of court. The clerk then issues the writ. The judgment creditor is not required to seek a judge's permission or a court order.
Unlike a one-time bank levy, a continuing writ of garnishment under § 77.0305 attaches to each paycheck until the judgment is satisfied, modified, or dissolved by the court. The creditor must mail the debtor a copy of the writ, the motion, and a Notice to Defendant with a Claim of Exemption form. The mailing deadline is five business days after issuance or three business days after service on the employer, whichever is later. Florida's writ of garnishment procedures are strictly construed, and a creditor who misses any deadline risks having the writ dissolved.
The head-of-household exemption is the biggest hurdle. Florida Statute § 222.11 fully exempts wages from garnishment for people who provide more than 50% of the financial support for a dependent. If net weekly earnings are $750 or less, the debtor is 100% protected. If they exceed $750 per week, they are still protected unless the exemption was waived in writing. This exemption must be claimed proactively — it is not automatic. Debtors must file an affidavit with the court to invoke it.
3. Bank levy — targeting the debtor's accounts
Bank levies can be an extremely effective judgment collection tool. A bank levy removes funds from the debtor's bank accounts and delivers the funds to the creditor. If a levy is made on an account containing enough money to satisfy the judgment, the creditor can receive full payment by this one collection method alone.
To conduct a bank garnishment, the creditor must first obtain a writ of execution from the court. See Florida Statute § 55.208. A separate writ of execution is required for each county in which a levy will take place. After the writ of execution has been obtained, the creditor must deliver the original writ of execution to the sheriff's department for the subject county. Each county's sheriff's department has its own procedures for bank levies, but most allow bank levies to be conducted by registered process servers.
A 2025 amendment to Chapters 56 and 77 expanded the reach of this tool significantly. The 2025 amendment applies to all garnishment proceedings. A creditor can now serve a writ on any bank with a Florida branch and reach accounts the bank maintains elsewhere, provided the bank is subject to personal jurisdiction in Florida. Before 2025, maintaining accounts at out-of-state branches of national banks created a genuine jurisdictional obstacle for creditors. After HB 265, it does not.
One important exemption to know: a joint bank account owned by and in the names of a husband and wife is not subject to judgment execution unless the judgment is against both people. Verify account ownership before serving a levy.
4. Real property liens — the patient creditor's tool
A Florida money judgment does not automatically become a lien on real estate. To create a valid lien, the creditor must record a certified copy of the judgment in the public records of the county where the debtor owns property. The recorded judgment must include the creditor's current address to be effective.
Under Fla. Stat. § 55.10, a judgment becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, provided that the judgment contains the address of the person who has a lien as a result of such judgment, or a separate affidavit is recorded simultaneously stating that address. That lien can be extended for an additional period of 10 years by re-recording a certified copy of the judgment prior to expiration and simultaneously recording an affidavit with the current address.
For personal property liens, the rules differ. The Judgment Lien Statutes are F.S. §§ 55.201–55.209. Judgment liens filed with the Secretary of State are valid for five years from the original date of filing.
There is a significant exception that stops many creditors cold: this method is not available if the real property is homestead property of the judgment debtor. Article X, Section 4 of the Florida Constitution exempts homestead property from judgment liens or forced sale. Florida's homestead protection is among the strongest in the country, and it applies regardless of whether the debtor has claimed a homestead tax exemption.
5. Proceedings supplementary — finding hidden assets
When you don't know what assets the debtor has, or you suspect they've transferred assets to dodge you, proceedings supplementary under Fla. Stat. § 56.29 is your most powerful tool.
When any judgment creditor holds an unsatisfied judgment or judgment lien obtained under Chapter 55, the judgment creditor may file a motion and an affidavit identifying the issuing court, the case number, and the unsatisfied amount of the judgment, including accrued costs and interest, and stating that the execution is valid and outstanding — and thereupon the judgment creditor is entitled to proceedings supplementary to execution.
Proceedings supplementary give the creditor extensive rights to examine the judgment debtor under oath. You can request a hearing in aid of execution, where the court orders the debtor to appear and disclose their assets, income, and bank accounts. Separately, under Florida Rule of Civil Procedure 1.560, you can take a deposition in aid of execution to discover assets broadly before the formal § 56.29 hearing.
When any gift, transfer, assignment, or other conveyance of personal property has been made or contrived by the judgment debtor to delay, hinder, or defraud creditors, the court shall order the conveyance to be void and direct the sheriff to take the property to satisfy the execution. This does not authorize seizure of property exempted from levy and sale under execution or property which has passed to a bona fide purchaser for value and without notice.
6. Decision tree: which collection method should you try first?
The right tool depends on what you know about the debtor. Use this decision tree:
7. Florida exemptions that can block collection — know them before you act
Florida is a debtor-friendly state. Before you spend time and money on a collection method, assess whether exemptions will defeat it. Here's a consolidated reference:
| Exemption | Statute / Authority | What it protects | Collection method blocked |
|---|---|---|---|
| Homestead | Art. X, § 4, Fla. Const. | Primary residence (unlimited value) | Real property lien / forced sale |
| Head-of-household wages | Fla. Stat. § 222.11 | All wages if debtor supports a dependent; net earnings ≤$750/week fully protected; above $750/week also protected unless written waiver | Wage garnishment |
| Personal property | Fla. Stat. § 222.25 | Up to $4,000 in personal property (if no homestead exemption claimed) | Writ of execution / levy |
| Motor vehicle | Fla. Stat. § 222.25 | Up to $5,000 equity in one personal vehicle | Writ of execution / levy |
| Tenancy by the entireties | Florida common law | Joint marital bank accounts if judgment is against only one spouse | Bank levy / garnishment |
Personal property of the judgment debtor may be executed upon, subject to the debtor's ability to claim an exemption of up to $4,000 under Fla. Stat. § 222.25 if the debtor is not already claiming a homestead exemption. A judgment debtor may also claim an exemption of up to $5,000 equity in a personal motor vehicle.
The practical takeaway: before paying the sheriff's fee to levy on a vehicle or personal property, run the numbers. If the debtor's car has less than $5,000 of equity above what's owed on it, you'll net nothing from a levy and will have paid the sheriff's fee for the trouble.
About SmallClaims: SmallClaims is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file.
Get your small claims forms in minutes
SmallClaims is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file.
Get started →Frequently asked questions
How long do I have to collect on a Florida small claims judgment?
Florida judgments are enforceable for 20 years under Fla. Stat. § 55.081. However, a judgment lien on real property recorded under § 55.10 is only valid for 10 years from the date of recording — you must re-record before it expires to extend it for another 10-year period. Personal property liens filed with the Secretary of State under §§ 55.201–55.209 expire after five years. Post-judgment interest under § 55.03 continues to accrue at the annually adjusted statutory rate throughout the life of the judgment, so delay costs the debtor more each year. Don't assume you've lost your chance just because years have passed.
What if the debtor claims they are the head of household and their wages are exempt?
The head-of-household exemption under Fla. Stat. § 222.11 is real and powerful — it can protect all of the debtor's wages if they support a dependent and earn $750 or less per week in net disposable income, and even wages above that threshold are protected unless the debtor signed a written waiver. The exemption is not automatic, though; the debtor must file a Claim of Exemption and Request for Hearing within 20 days of receiving the garnishment notice. If they fail to do so in time, the exemption may be waived. If they do claim it, you'll have a hearing where you can challenge whether they genuinely qualify as head of household.
Can I garnish the debtor's bank account if I don't know which bank they use?
You'll need to locate the account first, since a levy must be served on a specific garnishee (the bank). Tools available to you include a deposition in aid of execution under Florida Rule of Civil Procedure 1.560 — where you subpoena the debtor and ask under oath where they bank — or proceedings supplementary under § 56.29, where the court orders the debtor to appear and disclose all assets and accounts. Some creditors also search property records, business filings, and the county tax collector's records for leads on the debtor's financial picture. Once you identify the bank, obtain a writ of execution under § 55.208 and deliver it to the sheriff in the county where the account is held.
What happens if the debtor simply ignores the judgment and has no visible assets?
This is a frustrating but common situation. Start with proceedings supplementary under § 56.29 — once you file the required motion and affidavit, the court will issue a Notice to Appear compelling the debtor to show up and answer questions under oath about their finances. If the debtor transferred assets to a friend or family member to hide them, § 56.29 gives the court authority to void that transfer and direct the sheriff to seize the property. If the debtor truly has no non-exempt assets right now, your judgment continues to accrue interest and remains enforceable for 20 years — so their financial situation may change. Recording a lien on any real property they later acquire is a good way to ensure you get paid if they ever sell or refinance.