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David W. Langley is board certified by the Florida Bar as a specialist in business litigation matters. We handle and defend collection matters and lawsuits in Miami-Dade, Broward and Palm Beach Counties and in the Southern District of Florida.

Florida’s Court System 

Collection matters in Florida courts are broken down into three jurisdictional levels, Small Claims, under $5,000.00, County Court, $5,000.00 to $15,000.00, and Circuit Court, over $15,000.00. The County and Circuit Courts generally look favorably upon motions for summary judgment in simple collection cases.

Executions can begin on judgments ten days after their entry provided the defendant does not file a motion for rehearing. Motions for rehearing are generally resolved without hearing. A supersedes bond is required to prevent execution on a judgment pending appeal.

Interest on judgments is presently set at 7% and changed annually on the first of the year. The interest rate on judgments and on obligations without a specific rate of interest in Florida can be found at http://www.dbf.state.fl.us/interest.html

Exemptions

Exemptions from execution by creditors are governed by the Florida Constitution and Chapter 222, Florida Statutes. The general exemptions include the following:

Florida law offers very limited self-help provisions. The holder of a recorded lien on a licensed motor vehicle can repossess the vehicle and apply for a new title without going to court. Most other forms of retaking collateral, including mortgage foreclosures, tenant evictions, and replevin of personal property require the filing of a lawsuit and the obtaining of a judgment.