If you are lucky, the judgment debtor cuts you a check, and you can move on to the next matter. But what should you do when satisfaction is not forthcoming?
This checklist provides a basic but thorough protocol to follow to make sure you don’t overlook anything. Because each case is unique, a standardized checklist might not work in every instance. Use your judgment or consult with an experienced collection attorney.
Clarify post-judgment representation by opposing counsel. Rule 2.505(f)(3) of the Florida Rules of Judicial Administration states that an attorney’s representation of a client terminates automatically upon the termination of a proceeding. If you continue to send filings, such as discovery in aid of execution, to prior counsel, the debtor might be relieved of any duty to respond for improper service. Conversely, if you simply start communicating directly with the debtor, prior counsel might object. The best practice is to send a clarifying letter to prior counsel. This letter should notify them of the formal termination of their representation and that you will communicate directly with the debtor and should request that they notify you immediately if they intend to represent the debtor for post-judgment proceedings.
Send a formal post-judgment demand letter. There are two reasons to send a formal demand after judgment is entered. First, as a practical matter, it gives you an opportunity remind the debtor of the various avenues for collection you will explore. Voluntary payment is always easiest for both sides. Second, as a technical matter, if the claim involves a consumer debtor, you might need to send formal notice under the Fair Debt Collection Practices Act. Often, you might file suit without communicating with the debtor. Post-judgment collection efforts regularly involve such communications. If you fail to provide proper notice under the act, you might commit a violation without even realizing it. Sending a letter that incorporates the requirements of the act eliminates that risk.
Order a certified copy of the judgment. The next step requires a certified copy of the judgment. Send a request to the court clerk with the appropriate fee. You might need multiple certified copies if you intend to record it in multiple counties. You might also need a certified copy to send out of state for collection if the debtor does not reside in Florida.
Record the judgment with the county recording office. Once your certified judgment is returned, you can forward it to the county recording office with the appropriate fee. Recording the judgment in this way creates a lien on any real property located within the county. It is good practice to record the judgment where service was obtained at the debtor’s residence. However, you might also record the judgment in any county where you believe the debtor owns real property. Your priority as to other creditors is based on the date of recording—not the date of the judgment itself.
Request a writ of execution. Send a request for issuance of the writ of execution to the court clerk with the appropriate fee. This writ can then be delivered to the sheriff in the county where you have identified any property for execution.
File the judgment lien certificate with the Department of State. You can do this online at https://efile.sunbiz.org/jlefile.html. Recording the judgment lien certificate creates a lien on the debtor’s personal property located within the state. As with county recording, priority as to other creditors is based on the time of filing the certificate—not the date of the judgment.
Investigate and review exhibits for collection information. Now you’re ready to actually start looking for ways to collect. Often, the best way to collect is with a wage or bank garnishment. Sometimes, you can find relevant information in the exhibits themselves, such as a credit application or list of business references. If not, you can search for information online. No matter where you find it, now you are ready to roll when you do.