Fla. Fam. L. R. P. 12.570

RULE 12.570

ENFORCEMENT OF JUDGMENTS

(a) Money Judgments. Final process to enforce a judgment

solely for the payment of money shall be by execution, writ of

garnishment, or other appropriate process or proceedings. Money

judgments shall include, but not be limited to, judgments for

alimony, child support, equitable distribution payments, attorneys’

fees, suit money, and costs.

(b) Property Recovery. Final process to enforce a judgment

for the recovery of property shall be by a writ of possession for real

property and by a writ of replevin, distress writ, writ of

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garnishment, or other appropriate process or proceedings for other

property.

(c) Performance of an Act. If judgment is for the

performance of a specific act or contract:

(1) the judgment must specify the time within which

the act must be performed. If the act is not performed within the

time specified, the party seeking enforcement of the judgment shall

make an affidavit that the judgment has not been complied with

within the prescribed time and the clerk shall issue a writ of

attachment against the delinquent party. The delinquent party shall

not be released from the writ of attachment until that party has

complied with the judgment and paid all costs accruing because of

the failure to perform the act. If the delinquent party cannot be

found, the party seeking enforcement of the judgment shall file an

affidavit to this effect and the court shall issue a writ of

sequestration against the delinquent party’s property. The writ of

sequestration shall not be dissolved until the delinquent party

complies with the judgment;

(2) the court may hold the disobedient party in

contempt; or

(3) the court may appoint some person, not a party to

the action, to perform the act insofar as practicable. The

performance of the act by the person appointed has the same effect

as if performed by the party against whom the judgment was

entered.

(d) Parental Responsibility. Actions for enforcement of

issues related to parental responsibility may be brought by motion.

(e) Vesting Title. If the judgment is for a conveyance,

transfer, release, or acquittance of real or personal property, the

judgment has the effect of a duly executed conveyance, transfer,

release, or acquittance that is recorded in the county where the

judgment is recorded. A judgment under this subdivision will be

effective notwithstanding any disability of a party.

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1995 Adoption. Nothing in this rule or Florida Rule of Civil

Procedure 1.570 should be read to preclude the use of other

remedies to enforce judgments.