Winning a lawsuit and getting paid are two different projects. A judgment is a piece of paper declaring that you are owed money. It does not move a single dollar on its own.
Collection is where a lot of successful cases quietly die, usually because the creditor assumed the hard part was over.
The Law Offices of Aaron Resnick, P.A. represents Florida business creditors pursuing judgments, and has handled Miami business litigation since 1998.
First question: does the debtor have anything
Before spending money on collection, find out whether there is anything to collect. Florida gives you tools to make the debtor tell you.
Proceedings supplementary reopen the case and let the court examine the debtor's assets, bring in third parties who are holding money that belongs to the debtor, and unwind transfers made to keep assets out of reach.
A debtor examination puts the debtor under oath and requires them to answer questions about what they own, where they bank, and where the money went. You can compel production of records first, then question them about it.
> Debtors underestimate the exam. People who ignored the entire lawsuit often show up for a deposition about their assets, because a court order aimed personally at them lands differently than a complaint aimed at their company.
When the money has already moved
The most common collection scenario is a debtor who saw the judgment coming and moved assets to a spouse, a relative, or a newly created entity.
Florida law addresses this. A transfer made to hinder or delay a creditor, or made without receiving reasonably equivalent value while insolvent, can be set aside. Chapter 726 governs fraudulent transfers.
Facts that support unwinding a transfer:
- Transfer to a family member or closely held entity
- Timing that closely tracks the lawsuit or the judgment
- No real money paid, or a price far below value
- The debtor still uses or controls the asset
- The debtor was insolvent or became insolvent as a result
- The transfer covered substantially everything the debtor owned
Collecting from an LLC member
This is where Florida is genuinely restrictive and where creditors are most often surprised.
If your judgment is against an individual who owns an interest in a limited liability company, you generally cannot seize the LLC's assets and you generally cannot force your way into membership. Your remedy is a charging order, which entitles you to distributions if and when the LLC makes them.
If the LLC never distributes, a charging order can produce nothing. For a multi-member LLC this is typically the exclusive remedy. For a single-member LLC, Florida law is meaningfully more favorable to creditors, and foreclosure on the interest may be available.
Chapter 605 governs.
Reaching the owner behind the company
If your judgment is against a company that turns out to be empty, the question becomes whether the owner can be reached. That usually requires piercing the corporate veil, which demands more than the company simply being out of money. Courts look for improper conduct: commingled funds, the entity used as a personal checkbook, or the corporate form used to work a fraud.
It is a demanding standard, and the record you need often comes out of the debtor examination.
Judgments from somewhere else
Out-of-state judgments can be domesticated in Florida, which converts them into Florida judgments enforceable with all the tools above. There is a notice period before enforcement begins.
Foreign country judgments follow a separate recognition path, with defenses available around jurisdiction and due process that do not apply to sister-state judgments.
Practical mechanics worth knowing
Judgment liens. Recording a judgment lien certificate attaches to the debtor's non-exempt personal property statewide. Recording a certified copy in a county's official records reaches real property there. Liens expire and must be renewed.
Interest. Florida judgments accrue statutory interest at a rate set by the state, adjusted periodically. It runs from entry of judgment and it is real money over time.
Selling the judgment. Judgments are assignable. If pursuing collection is not worth your time, selling at a discount is a legitimate exit.
What if the debtor files bankruptcy
Bankruptcy stops collection immediately through the automatic stay. Violating it carries penalties, so collection activity must halt.
That is not necessarily the end. Certain debts, particularly those arising from fraud or willful and malicious injury, may be non-dischargeable, but that requires filing an adversary proceeding within the deadline set in the bankruptcy case. Miss the deadline and the debt is gone even if it would have qualified.
If your debtor files, move quickly.
Common questions
Can I collect interest on a Florida judgment? Yes, at the statutory rate, running from the date the judgment was entered.
Can I depose a judgment debtor about their assets? Yes. This is one of the most effective tools available and it is frequently underused.
Can I collect from an owner personally after suing only the company? Not automatically. You would need to reach the owner through veil piercing or through a fraudulent transfer claim.
How long does a Florida judgment last? Judgments remain enforceable for a period of years and liens must be renewed to stay effective. Calendar the deadlines, because an expired lien is a lost priority position.
Judgments get harder to collect with time
Assets move. Companies dissolve. Debtors relocate. The best collection outcomes come from creditors who start immediately after entry of judgment rather than months later.
Call the Law Offices of Aaron Resnick, P.A. to discuss collecting your judgment.
