In Florida, a writ of execution allows a court to authorize the seization of a debtor’s assets to fulfill a judgment. Here are the essential aspects of a writ of execution in the state:
Contents
Issuance of the Writ
The requesting party must submit the “Writ of Execution to the United States Marshal” or a similarly prescribed form, a motion for the writ, and a certified copy of the judgment, including any bill of costs.
Format and Content
According to Florida Rules of Civil Procedure (Form 1.914), the writ must comply with specific wording set by Florida Statutes, like Florida Statute 55.03. It must instruct the sheriff to levy on the debtor’s belongings for the judgment amount plus interest.
Interest and Dates
For judgments issued before July 1, 2011, the court-ordered interest rate remains effective until fulfillment. Post-July 1, 2011, judgments have an interest rate applying until the year’s end, then annually adjusted by the Chief Financial Officer of Florida.
Execution Process
The writ instructs the sheriff to seize the debtor’s assets, such as tangible property, vehicles, valuables, safe deposit boxes, and stock certificates, for sale to satisfy the money judgment.
Exemptions
Some assets, including those held in tenants by entireties (if the judgment concerns one spouse), a person’s homestead (for most civil debts apart from mortgages), and up to $1,000 in personal property, are exempt from execution and levy.
Service and Enforcement
The writ allows service and execution at any time, day or night. The court clerk forwards the writ to the sheriff, who then enforces it.
Additional Requirements
Writs of garnishment, a type of execution, have extra steps like notifying the garnishee and defendant, plus the chance for a claim of exemption and a hearing.
A writ of execution in Florida provides creditors a robust means to collect on judgments by authorizing the sheriff to seize and auction the debtor’s non-exempt assets. The process demands specific legal documentation, adherence to state statutes, and mindfulness of rules around exemptions and enforcement.