In a prior post we posed the question of “My Debtor has a Valuable Asset How do I Collect?” In that post we focused on whether the levy of a particular asset was indeed worthwhile, and in that post, we used a 2020 Mercedes AMG GT Coupe (MSRP $116,000) as our example. For this post we are going to assume that Creditor wants to levy that 2020 Mercedes AMG GT Coupe. How exactly does one levy a vehicle in Florida?
Threshold Issue- Perfection
We have discussed in a prior journal post, that judgment lien perfection is the first collection step which should happen immediately after the judgment is entered. In short, a creditor must obtain a judgment lien certificate to perfect a judgment lien on personal property and to preserve judgment lien priority. A vehicle, being personal property (as opposed to real property), is one that would be affected by such a lien interest.
Look to your Sheriff’s Office
While the process for a vehicle levy is uniform throughout the state in large part, the particulars of any specific levy can vary fairly widely from county to county. This is were having a skilled collection law firm like ours is crucial. Each sheriff’s office has different cost deposits, and slightly different requirements for a levy, so it is important that your lawyer know what some of these issues are and how to deal with them.
That being said the basic procedure is as follows:
1) Perfect of your judgment lien
2) Locate the vehicle! (it is the responsibility of the creditor to locate the vehicle not the sheriff)
3) Delivery of Documents to Sheriff. The documents that every sheriff will need for a levy are an original Writ of Execution from the Clerk of Court; Certified copy of the final Judgment; An affidavit of Judgment lien Priority (F.S. 56.27), an Affidavit of outstanding liens, and Levy Instructions for the Sheriff. Every sheriff we ever dealt with also required title work showing that the car is indeed owned by the judgment debtor (this can be ordered from the state of Florida Department of Highway Safety and Motor Vehicles).
4) Publication of Levy by Sheriff.
5) Sale of vehicle by the Sheriff.
Closing
While the basic procedure is easily explainable, total process can be somewhat difficult/labor intensive. The devil is definitely in the details here. One thing we have not discussed here, is the “break order” which you must petition the court for. A break order allows you to access the property you seek to levy if it’s in an enclosure or locked area. It allows the creditor to take reasonable measures (e.g. a locksmith) to access such an enclosure (like a garage in this case). It should also be noted that some sheriff’s offices can make the whole process more tedious than others. Please keep in mind that the deposit required for levying a vehicle can vary wildly (from as low as $700 to as much as $5000) depending on the county you are dealing with. Contact Andre Law Firm today to discuss any collection related issues or questions you might have.