Sometimes you go all the way through to a judgment but the debtor still won’t pay. What can be done now?
Post-judgment depositions (also called depositions in aid of execution)
At a deposition, the debtor can be asked a variety of questions, and a subpoena can be used to request financial records as well. Even though a party can be obligated to attend a deposition by a notice, I always serve a subpoena (unless the asset deposition is arranged through opposing counsel). The subpoena also serves the purpose of listing various documents for the debtor to bring to the deposition (such as tax returns, bank statements, and pay stubs). A process server will take care of serving the subpoena.
Unfortunately, it is common for deponents to not attend these depositions. When that happens, the deponent should be contacted (by phone if possible) in order to make a good faith effort to reschedule the deposition. Should the deponent not respond or fail to work out a new date/time for the deposition, then a motion to compel can be filed and set for a hearing. At the compel hearing, my preference is to ask the court to enter an order that sets a specific date and time for the deposition.
I recommend checking the local court’s web site, or the local judicial circuit’s web site, to confirm whether the judge assigned to your case has requirements about trying to resolve a discovery dispute before filing a motion.
If the deponent then does not appear, then a motion for contempt can be filed, because the deponent will have failed to comply with a court order. The judge almost certainly will require that the deponent be served personally with the notice of hearing on a contempt motion, as opposed to just mailing the hearing notice to the deponent.
Sheriff levy/sale
Often the costs of performing a levy will be too high to justify it. It will be necessary to confirm with the local sheriff what his or her costs are, but generally, a cost deposit of more than $1,000 will be required for a levy on a motor vehicle or other personal property.
Each sheriff’s office has its own requirements for documentation, but generally they will need an affidavit from the creditor or the creditor’s attorney, and levy instructions about what specifically to take. Also needed is a writ of execution, which the clerk will issue upon request.
Perfecting a judgment lien on real property
Under section 55.10, Fla. Stat., a judgment only attaches to real property (land, a house, a condominium unit, and so forth) if a certified copy of the judgment is recorded in the public records of the county where the property is located. The judgment also must have the creditor’s address (not the attorney’s address) listed in the judgment.
If your judgment does not have the creditor’s address listed, however, an affidavit (stating the creditor’s address) can be recorded along with the certified copy of the judgment.
Perfecting a judgment lien on personal property
In order to potentially have a judgment lien on your debtor’s personal property (such as inventory of a business, home furnishings, and so forth), a judgment lien certificate will need to be filed with the Florida Department of State. This can be done online, and the department’s filing fee is $20. Filing a judgment lien certificate unfortunately will not get the judgment onto a motor vehicle deed or a boat registry, however.
If your judgment debtor is a business, just because there is inventory on the shelves does not mean you now have a lien on it, though. It may be that another creditor has a lien already.
A way to find out is to check the Florida Secured Transaction Registry, which is at floridaucc.com.
