Collecting Money Judgments
If a Court has awarded you a Final Judgment stating that someone owes you money, the following FAQs can help you better understand how to collect the money.
What is a Final Judgment?
A Final Judgment is the Court’s final order that resolves the legal issue in a case and ends the lawsuit.
Does a Final Judgment guarantee I will receive money owed to me?
No. It is a court order declaring that money is owed; however, you must use legal means to collect the judgment from the person or business that owes the money.
What can I do if the person or business does not pay voluntarily?
There are several legal options that you may wish to discuss with an attorney.
Recording a certified copy of the judgment to create a lien on the real property owned by the person or business that owes the money is one of the legal options.
Garnishment or levy are other options; unless a person is very familiar with the law, they may want to consult an attorney to pursue these options.
How do I record the Final Judgment to create a lien?
- Purchase a certified copy of the Final Judgment from the Public Access Department. The fee for certified copies is $1.00 per page for the copy and $2.00 to certify the document.
- Record the certified copy in the Official Records. The fee for recording a document is $10.00 for the first page and $8.50 for each additional page. The judgment must contain your name and address. You can record certified copies with the Recording Division at either at either of our office locations—Sarasota Historic Courthouse or the South County Courthouse in Venice.
Once recorded, the judgment becomes a lien on real estate in this county. If the person who owes you money owns property in more than one county, you will need to record the Final Judgment in each county in order to create a lien against any property owned by the debtor in the other county.
Once filed, the lien is valid for 5 years and must be re-recorded to remain valid and enforceable.
What is a Writ of Execution?
A Writ of Execution is a court order that allows the judgment holder to seize and sell the property of the person or business required to pay the judgment holder to satisfy the judgment amount.
How do I get a Writ of Execution?
Request a Writ of Execution from the Clerk of the Circuit Court Division at either at either of our office locations—Sarasota Historic Courthouse or the South County Courthouse in Venice.
When can I get a Writ of Execution?
You can obtain a Writ of Execution,
- if no motion for a new trial has been filed
- 15 days after the Judgement has been filed and recorded
What do I do with a Writ of Execution?
- Take the Writ to the Sheriff’s Office in the county where the property is located.
- Pay the Sheriff’s fee
- In Sarasota: Contact the Sheriff’s Department for further instructions regarding fees and procedures.