Wage garnishment is a post-judgment remedy authorized by Florida law that permits a judgment creditor to take a portion of a judgment debtor's wages as a means of obtaining satisfaction for his judgment for money damages. However, under Florida law, the judgment holder has a certain specified period of time within which to collect or "execute on" his judgment. Once this statutory period has expired, the judgment creditor can no longer enforce or collect on his judgment.
Statute of Limitations for Filing Civil Actions
The statute of limitations for filing civil actions should be distinguished from the statute of limitations period for enforcing judgments. Florida, like other states, has established limitations periods for filing civil actions in court for various legal causes of action, e.g., breach of contract, negligence or fraud. A plaintiff must file his civil action in court within this designated period after his cause of action accrued or his suit will be dismissed as time-barred.
Statute of Limitations for Judgments
Every state also establishes a certain period of time within which a valid judgment can be enforced against the judgment debtor. Title VIII, 95.11(1) of the Florida statutes provides that the limitations period for judgments shall be 20 years. A Florida plaintiff who timely files his action within the applicable statute of limitations period and then ultimately prevails against the defendant, has 20 years from the date the judgment is entered on the court's docket to enforce his judgment.
Wage Garnishment
In accordance with the Florida statute of limitations, a wage garnishment order remains valid for a period of 20 years from the date the judgment was issued. In addition, should the judgment debtor work for a new employer, the judgment creditor must apply to the court for a new wage garnishment order directing the new employer to set aside the designated portion of the employee's wages approved by the court. The duration of any successive wage garnishment orders is still determined by the 20 year time period that has elapsed from the date of the original judgment.
Considerations
Wage garnishment is only one of several post-judgment collection procedures authorized by law. Under Florida law, a judgment creditor can also seek to obtain a lien against a judgment debtor's real property as well as an order to attach the personal assets of the judgment debtor. If approved by the court, each one of these additional post-judgment procedures can be enforced for a period of 20 years.
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