You Sued and Won. Now What? Using Judgment Liens to Actually Get Paid

Winning a lawsuit feels like crossing the finish line. A judge ruled in your favor, and you have a final judgment. On paper, you won. But then comes the part nobody really prepares you for: collecting the money.

In Florida, a judgment is not a check, but a legal tool. Whether it turns into actual payment depends on what you do next. One of the most effective tools available to judgment creditors is a judgment lien, especially when the debtor owns property or may try to sell or refinance in the future.

Let’s walk through what really happens after you win a case, how judgment liens work in Florida, and how to use them strategically to turn a court victory into real recovery.

I Won My Lawsuit. Why Haven’t I Been Paid?

This is one of the most common and most frustrating questions we hear. A court judgment does not force the other side to immediately write a check. It gives you the legal right to pursue collection. If the losing party does nothing voluntarily, the burden shifts to you to enforce the judgment.

That enforcement can take several forms, including:

• Judgment liens
• Garnishment of bank accounts or wages
• Post-judgment discovery to locate assets
• Sheriff levies on non-exempt property

Among these options, judgment liens are often the starting point because they quietly but powerfully restrict what a debtor can do with their property.

What Is a Judgment Lien in Florida?

A judgment lien is a legal claim against a debtor’s property that arises from a court judgment. In Florida, judgment liens are commonly used to encumber:

• Real estate
• Certain personal property
• Assets that may be sold or refinanced later

Once properly recorded, a judgment lien can prevent a debtor from selling property without addressing the debt. In many cases, it turns time into leverage.

How Do Judgment Liens Work Against Real Estate?

If the debtor owns real property, this is where judgment liens often have the most impact.

By recording your judgment in the public records of the county where the property is located, the lien attaches to any non-homestead real estate owned by the debtor in that county.

What this means in practice:

• The debtor cannot sell or refinance without dealing with the lien
• Title companies will flag the lien during closing
• Payment often happens at the worst possible moment for the debtor, which is usually when they need to close a deal

Judgment liens do not force an immediate sale, but they sit there quietly, waiting.

Does a Judgment Lien Attach to a Homestead in Florida?

Florida’s homestead protection is strong, but it is not unlimited.

Generally:

• A judgment lien does not attach to protected homestead property
• It may attach once the property loses homestead status
• It can affect proceeds in certain situations if the property is sold and not reinvested properly

This is where judgment enforcement becomes highly fact-specific. Recording the lien correctly preserves your position in case the debtor’s circumstances change.

How Long Does a Judgment Lien Last in Florida?

Florida judgments are valid for twenty years, but judgment liens have their own timelines.

For real property:

• Recording the judgment creates a lien that lasts ten years
• The judgment itself may be rerecorded to maintain enforceability

For personal property:

• Judgment liens are handled through the Department of State
• These liens require renewals to remain effective

Miss a deadline, and you can lose priority or leverage entirely.

What If the Debtor Has No Property Right Now?

This is where patience and strategy matter. Many judgment debtors claim they are “broke” right after losing a lawsuit. That may be true today, but it may not be true next year.

Judgment liens are valuable because they:

• Secure your place in line
• Attach to future acquisitions
• Apply pressure without constant litigation

A debtor who cannot sell property, open financing, or close a deal without confronting the judgment often becomes more willing to negotiate.

Judgment Liens vs. Garnishment: Which Is Better?

They serve different purposes.

Judgment liens:

• Work over time
• Are passive once recorded
• Excel when property is involved

Garnishments:

• Are immediate
• Require accurate asset information
• Can provoke aggressive resistance

In many cases, the most effective approach uses both, starting with liens to establish leverage and following with garnishment once assets are identified.

Can a Judgment Lien Force Someone to Pay?

Not directly, a lien does not force payment the day it is recorded. What it does is often more effective; it blocks exits.

When a debtor wants to:

• Sell real estate
• Refinance
• Transfer assets
• Clean up their financial record

The judgment lien shows up. That is usually when phones start ringing.

Why Judgment Enforcement Is Not “Automatic”

Many people assume that once they win in court, the system takes over, but it does not.

Florida courts issue judgments. They do not chase assets. Enforcement requires:

• Knowledge of lien law
• Correct recording procedures
• Strategic timing
• Ongoing monitoring

Mistakes in judgment enforcement can render a valid judgment practically worthless.

When Should You Talk to a Lawyer About Judgment Liens?

If you have a judgment and:

• The debtor is ignoring you
• Property may be involved
• Time is passing without payment
• You want leverage without endless motions

Then judgment enforcement should be handled deliberately, not casually. This is especially true in business and real estate disputes, where assets tend to move quietly and quickly.

Turning a Court Win Into a Real Recovery

Winning a lawsuit is an important milestone, but it is not the end of the process. Judgment liens are one of the most effective tools available to convert a legal victory into actual payment. Used correctly, they protect your rights, preserve leverage, and often lead to resolution when direct demands fail.

If you have a Florida judgment and want to discuss how to enforce it strategically, contact one of our experienced attorneys in Miami at 305-570-2208. You can also contact our team directly at: arianna@ayalalawpa.com    

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].