Before and After Judgment in Florida: Protecting Income and Assets in Debt Cases

You are likely worried about a paycheck, a bank freeze, or both. You also want an honest answer about whether you can avoid a judgment. This guide explains exactly what to do before judgment and what to do after judgment under Florida law. It applies to suits by original creditors and high-volume debt buyers like Midland Funding and Portfolio Recovery Associates. My job is to protect your income and assets and to move your case toward a lawful, practical result.

Why clients hire us for debt cases

• Same-day consults and filings when deadlines are near.
• Every case handled by a Florida attorney, not a call center.
• Clear pricing and a strategic plan for each case.

• Focus on admissible proof, exemptions, and realistic outcomes.

A real-world timeline: what actually happens in Florida

Day one: service of the summons and complaint. You have 20 days to file an Answer. Miss that window and a default can enter. Weeks four to eight: the plaintiff may file a motion for summary judgment supported by a records-custodian affidavit. If judgment enters, the plaintiff can seek a writ of garnishment that hits wages or freezes a bank account quickly. Florida law gives you defenses and exemptions at each stage, but they work only when asserted on time. For a plain-English consumer overview, see the Florida Bar’s Debtors’ Rights pamphlet.

What to do in the first 72 hours.

 • Calendar your 20-day Answer deadline.
• Gather the summons, any affidavits, 2 months of paystubs, and 2 months of bank statements.
• If a writ hit your wages or account, complete the Claim of Exemption packet and send us scans today.
• Do not negotiate payment terms with the collector until we review exemptions and the affidavit.

The two decisions that drive everything: fight the claim or control the outcome?

Decision one: do you have a defense that is worth asserting

Florida aligns its summary-judgment rule with the federal standard. The question is not whether the plaintiff filed an affidavit. The question is whether the evidence would be admissible at trial and whether a genuine dispute of material fact exists. Cookie-cutter affidavits without account records or a proper business-records foundation can fail. Read Florida Rule of Civil Procedure 1.510 in the official rules compilation and the Florida Supreme Court’s alignment opinion in SC20-1490.

Three-question affidavit triage you can use the day you receive a motion:

1. Does the affidavit attach monthly statements or a complete transactional record for your account.
2. Does the affiant explain how the records were created and kept for this account, not just accounts in general.
3. If a debt buyer sued, does the proof show a clean assignment chain for your exact account.
   If any answer is no, you likely have an admissibility issue to raise under Rule 1.510.

Decision two: even with a defense, is settlement or arbitration smarter.

Some card agreements contain arbitration clauses that change cost and leverage. In other cases, a targeted settlement is rational when proof is thin but not fatal, or when the risk of a judgment threatens wages. The correct choice depends on your timeline, income, and assets. A good decision avoids a rushed judgment without promising the impossible.

Before judgment: the 20-day sprint.

File an Answer that preserves defenses.

You generally have 20 days from service to respond. A timely Answer prevents default and unlocks discovery. For a step-through while you retain counsel, review the Florida Bar’s consumer guide above and our How to Defend Against a Credit Card Debt Lawsuit in Daytona Beach, Florida.

Use discovery to force proof.

Request the assignment chain, the governing cardmember agreement, and account-level records. Keep objections tight. Focus on hearsay and business-records foundation. You are building the record that will decide any summary judgment under Rule 1.510.

Meet the rule on its terms.

Florida’s modern standard rewards specificity. Pinpoint missing records. Explain why the affiant lacks personal knowledge to lay a records foundation. Cite the rule text in Florida Rule of Civil Procedure and the analysis in Florida Bar Journal: Adoption by the Numbers—Two Years Later. If a division order sets deadlines, follow it.

Example (hypothetical):

A plaintiff files a records-custodian affidavit but does not attach statements and does not explain how the original bank’s data was integrated into the buyer’s system. An Answer is filed within the 20 days. Targeted discovery requests the assignment documents and account-level records. A response to the summary-judgment motion points to the missing records and foundation. Under Rule 1.510, the court views the proof through the trial-admissibility lens. Without those records, there is a real dispute or the evidence is inadmissible, so summary judgment can be denied.

If judgment enters: stop the harm, then evaluate relief

The 48-hour plan.

Call our office. Ask us to request a short pause from opposing counsel while we file your Claim of Exemption or prepare a Rule 1.540 motion if relief fits. Send paystubs, bank statements, and the writ packet today. We will confirm receipt, assign an attorney, and provide a written plan within 48 hours.

Bank writ mechanics you can rely on.

When a writ of garnishment issues after judgment, the clerk must include a Notice to Defendant and a Claim of Exemption and Request for Hearing. You generally have 20 days from receipt to file the claim. If the creditor does not object on time, the court dissolves the writ. See Fla. Stat. § 77.041.

Head-of-family wages and why the number matters.

If you provide more than one-half of the support for a child or other dependent, wages up to $750 per week in net pay are exempt. Protection above that can continue unless you signed a compliant separate waiver. See Fla. Stat. § 222.11.

Practical tip: bring two months of paystubs and a short statement explaining whom you support and how much you contribute. Courts respond to specific proof.

Interest, liens, levies, and realistic math.

Judgment interest accrues at the quarterly rate set under Fla. Stat. § 55.03. Confirm the current rate on the Florida CFO Judgment Interest Rates page before you price any payoff. Chapter 55 governs judgment liens and execution.

Can you undo the judgment.

Florida Rule of Civil Procedure 1.540 allows relief for excusable neglect, lack of service, fraud, newly discovered evidence, void judgments, or satisfaction. Timing is strict. Read the current rule text in Florida Rules of Civil Procedure. If service was defective or a default entered without notice, move quickly.

Special notes when the plaintiff is Midland Funding or Portfolio Recovery.

Large debt buyers file high volumes of Florida cases. Patterns repeat. The assignment chain for your account matters. The business-records foundation for the balance matters. Arbitration clauses in some originating agreements can change leverage. This is not about attacking a company. It is about whether the plaintiff can prove your specific debt with admissible evidence and whether you should resolve on terms that protect income and assets.

Negotiation signals that deserve attention:

1. The affidavit is thin or does not attach records.
2. The assignment documents reference a bulk file without your account details.
3. You qualify as head of family under Fla. Stat. § 222.11, which limits wage exposure.
4. Funds in the frozen account are traceably exempt.
5. You can pay a realistic amount now in exchange for a filed satisfaction and a release.

Frequently asked questions.

How fast can wages be garnished after a Florida judgment.

Quickly. A writ can issue soon after judgment. The clerk must include a Notice to Defendant and a Claim of Exemption required by Fla. Stat. § 77.041. You generally have 20 days to file the claim. If the creditor does not object on time, the court dissolves the writ.

Are head-of-family wages protected.

Yes. If your net pay is $750 per week or less, wages are exempt. Above that amount, wages can still be protected unless you signed a compliant separate waiver. See Fla. Stat. § 222.11.

My bank account is frozen. What do I file?

File the Claim of Exemption and Request for Hearing within 20 days and attach statements that show exempt deposits such as Social Security. If the creditor does not object on time, the court releases the funds. See Fla. Stat. § 77.041 and the Florida Bar Debtors’ Rights consumer pamphlet.

What interest rate applies to a Florida judgment.

The rate changes each quarter under Fla. Stat. § 55.03. Check the current posting on the Florida CFO Judgment Interest Rates page before any payoff.

What to bring to your consult and why it matters.

Bring the summons, proof of service if you have it, any motions or affidavits, two months of paystubs, two months of bank statements, and the writ packet. With those documents we can test the affidavit under Florida Rule of Civil Procedure 1.510, claim exemptions under Fla. Stat. § 222.11 and Fla. Stat. § 77.041, and price a settlement using the current Fla. Stat. § 55.03 rate if that is in your interest.

In Conclusion:

Debt collection is a process, not a single event. Florida law gives you tools at each step, but the tools work only when used on time and with focus. If you follow the timeline, demand admissible proof, and assert exemptions the way the statutes and rules describe, you improve outcomes and reduce risk. Our job is to apply those rules to your facts and to deliver a lawful result that protects your income and assets.

Call My Affordable Attorney for a same-day consultation. We serve Volusia, Flagler, Orange, and Seminole. The first 20 days decide whether you control the case or the case controls you. If a judgment already entered, the next 20 days decide whether you protect wages and accounts or lose ground.