Question 1

How does the sheriff seize property under a Florida writ of execution?

Accepted Answer

Sheriff seizure: the sheriff receives the writ from the creditor and: identifies the property (using information provided by the creditor and any debtor’s examination results), serves the writ (on the debtor and any third parties in possession of the debtor’s property: such as banks or employers), seizes the property (takes physical possession of tangible property or serves a levy notice on third parties holding intangible property), stores the property (seized tangible property is stored by the sheriff pending the sale), and sells the property (at a public sale after providing the required notice). The sheriff: is protected from liability for actions taken in good faith pursuant to a valid writ.

Question 2

What is a levy on bank accounts in Florida?

Accepted Answer

Bank levy: the sheriff serves the writ on the debtor’s bank. The bank: must freeze the debtor’s accounts (up to the amount of the judgment), provide the sheriff with: information about the accounts (balances, account numbers, and any joint account holders), and turn over the funds to the sheriff (after the debtor’s opportunity to claim exemptions). Exemptions: the debtor may claim: head of household wage exemption (Section 222.11: wages deposited in a bank account may be exempt if the debtor is the head of a household and the funds are traceable to wages), Social Security (exempt under federal law), and other exempt funds. The debtor: must file an exemption claim promptly to prevent disbursement of exempt funds.

Question 3

What is the process after the sheriff sells seized property in Florida?

Accepted Answer

Post-sale process: the sheriff collects the proceeds from the highest bidder, deducts the sheriff’s fees and costs (service, storage, advertising, and sale costs), applies the remaining proceeds to the judgment (partial or full satisfaction), files a return with the court (documenting: the property sold, the sale price, the fees deducted, and the amount applied to the judgment), and distributes any surplus to the debtor (if the sale proceeds exceed the judgment plus fees). If the sale proceeds are insufficient: the creditor can obtain additional writs to: seize and sell other assets until the judgment is fully satisfied. The judgment: remains in effect until fully paid or until it expires (20 years).

Writ of Execution Judgment Enforcement Seizure

FL Writ of Execution: Property Seizure

Seizure Process

Bank Levy

Post-Sale

Related Terms

Barnes Walker Litigation

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