Judgment Against Property For Florida In Bexar
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Before a judgment of one state may be enforced in another state, however, the judgment creditor (the person in whose favor a judgment is entered) must file a new lawsuit in that state to "domesticate" the foreign judgment.
Recording the judgment creates a lien on the debtor's real estate in that county. Without recording, the judgment is only a piece of paper and does not attach to any property.
Once you have filed an application to register the out-of-state judgment in California, the court will enter the judgment. However, you must also inform the debtor personally that the California court has entered the judgment. This requires serving the debtor with a notice of entry of the California judgment.
A Florida judgment creditor can put a judgment lien on the judgment debtor's tangible personal property and some kinds of intangible personal property. Tangible property means things you can see and touch, like furniture, electronics, artwork, and jewelry.
Florida Homestead Protection Article X, Section 4, Constitution of the State of Florida (1968) exempts a homestead from forced sale and provides that no judgment or execution shall be a lien thereon.
Satisfy the Judgment: Paying the debt in full is the most straightforward way to remove the lien. Obtain a satisfaction of judgment from the creditor and file it with the court.
File a petition for the domestication of the foreign judgment in the circuit court of the Florida county where the debtor lives or has property; Serve the petition and a copy of the foreign judgment on the judgment debtor; Attend a hearing on the petition, if the court schedules one; and.
If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence.
The recorded judgment automatically attaches to all property in whatever county the judgment is recorded. The creditor would have to record the judgment in all 67 Florida counties separately to create a state-wide lien on the debtor's real property. Second, only “certified copies” of the judgment give rise to a lien.
