Before spending more time on litigation, you must determine if the person who caused your injuries has the financial means to pay the court’s award. Asset searches for judgments answer that question before you invest in collection. A judgment in Casselberry, Winter Park or anywhere in the Orlando area is only as valuable as the property a creditor can reach.
How judgment collection works
A judgment is a legal debt, not a guarantee of payment. Collection depends on identifying non-exempt assets, meaning property a creditor may lawfully take. If a debtor owns nothing reachable, the judgment can sit unpaid for years.
Florida Statutes Chapter 55 governs judgments and judgment liens, while Chapter 56 governs the writ of execution that directs a sheriff to seize property. Neither chapter provides any provision to help you locate assets, so that investigative work comes first.
Conducting post-judgment discovery
Florida law allows a judgment creditor to force a debtor to disclose property. Under the Florida Rules of Civil Procedure, you may take a deposition in aid of execution and serve written interrogatories on the debtor. These tools require sworn answers about bank accounts, real estate, vehicles and business interests.
A debtor who gives false answers risks court penalties. Compare sworn answers with public records, because debtors sometimes omit accounts or recent transfers.
Identifying exempt versus non-exempt assets
Florida protects certain property from creditors, and some assets stay unreachable no matter how valuable they are. Florida’s homestead exemption shields a primary residence, and protections for certain personal property and joint tenancies, such as property owned by spouses as tenants by the entireties, can also place assets out of reach.
Non-exempt property commonly includes:
- Bank accounts: funds held in the debtor’s own name
- Investment property: a second home, rental real estate or land
- Business interests: ownership shares and business equipment
- Vehicles: cars, boats and other titled property
A search should sort what it finds into these two groups. Debtors sometimes move property to relatives or new companies after a lawsuit begins, and a fraudulent transfer made to avoid a creditor can be challenged in court.
Using professional asset searches for judgments
A clear picture of a defendant’s lifestyle and business interests often reveals payment paths that weren’t initially visible. Investigators search public records, UCC filings and property deeds to locate hidden or transferred wealth before you spend more on legal fees.
The main sources include:
- Property deeds: Official Records in Orange or Seminole County showing real estate ownership and transfers
- UCC filings: financing statements filed with the Florida Department of State that identify property pledged as collateral
- Business records: corporate filings that reveal ownership and related entities
Together, these sources show whether a judgment lien can attach to real property or whether a writ of execution has a target. A search that finds little can be just as useful, because it tells you to stop spending money on a debtor who cannot pay.
Collection problems often hinge on small details, like a late transfer or an unrecorded deed, and a lawyer can review those records with you before you spend more money.
