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Civil litigation

execution of judgment

Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.

In Florida, the execution of judgment is governed by the Florida Rules of Civil Procedure and relevant state statutes. When a judgment creditor is entitled to collect on a judgment, they may request a writ of execution from the court. This writ authorizes the sheriff to seize assets belonging to the judgment debtor. The sheriff may then either take possession of money or sell the debtor's property at a public auction to satisfy the judgment. The proceeds from the sale are used to pay the judgment creditor, after deducting the costs of the execution process. It's important to note that certain property is exempt from seizure under Florida law, such as homestead property, and specific personal property up to a certain value. Additionally, wage garnishment, another form of execution, is subject to limitations in Florida, particularly for head of household earners.

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Civil litigation

execution of judgment

Individual & Family Legal Plan

Articles

Florida State Code

Civil litigation

execution of judgment

Florida State Code

Articles