Question 1

How is a writ of execution obtained in Florida?

Accepted Answer

Obtaining the writ: the judgment creditor requests the writ from the clerk of court (the clerk issues the writ as a matter of right: no additional hearing is required), the writ must identify: the judgment (case number, date, and amount), the debtor (name and last known address), and the property to be levied (specific description or "all non-exempt property"). The creditor: pays the sheriff’s fees in advance (the fees include: service costs, storage costs, and sale costs). Multiple writs: the creditor can obtain writs in: multiple counties (each writ is served on the sheriff of the county where the debtor’s property is located).

Question 2

What is the sheriff’s sale process in Florida?

Accepted Answer

Sheriff’s sale: the sheriff conducts a public sale of the seized property. Notice: the sheriff publishes notice of the sale (at least 2 weeks before the sale: in a newspaper of general circulation in the county; Section 56.21). The sale: is open to the public (anyone can bid), the property is sold to the highest bidder, the minimum bid: may be set by the court (to prevent the property from being sold for a grossly inadequate price), and the proceeds are distributed: sheriff’s fees first, then the judgment creditor, then any surplus to the debtor. The debtor: can prevent the sale by: paying the judgment in full, filing bankruptcy, or negotiating a settlement.

Question 3

What are the debtor’s rights during execution in Florida?

Accepted Answer

Debtor’s rights: exemption claims (the debtor can claim: homestead exemption, wage exemption, and personal property exemptions; the debtor files a claim with the court and the court determines: whether the property is exempt), right to redeem (the debtor can: pay the judgment in full and recover the seized property before the sale), right to challenge (the debtor can: file a motion to quash the writ if: the writ is defective, the property is exempt, or the execution is procedurally improper), and right to debtor’s hearing (the debtor can request: a hearing to contest the amount of the judgment or the propriety of the execution). Bankruptcy: filing a bankruptcy petition: automatically stays the execution.

Writ of Execution Judgment Collection: Execution Judgment Collection Florida

FL Writ of Execution: Collection Process

Obtaining

Sheriff’s Sale

Debtor’s Rights

Related Terms

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