Judgment Against Property For Florida In Bronx
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Florida Statute 55.081 states that a judgment is enforceable for 20 years. A judgment does not have to be recorded to be valid. Even without recording, a creditor can garnish bank accounts, levy personal property, and pursue other collection actions during the 20-year life of the judgment.
A person can avoid paying a civil judgment with their earnings if they qualify as the head of household. The Florida statute defines earnings as wages, salary, commission, or bonus. Other types of earnings for labor have been held to also qualify for the head of household exemption.
Bank accounts, including bank names, account numbers, and account type (savings or checking) Brokerage accounts and securities holdings, including company names and account numbers. Real estate holdings, including addresses. Vehicles owned, including the makes, models, years, and license plate numbers.
Florida Statute of Limitations on a Judgment Lasts 20 Years. Until recently, there has been some debate on this litigation question caused by the interpretation of some Courts that a Florida judgment is subject to a five year statute of limitations.
You can obtain a judgment lien on the judgment debtor's real property by recording a certified copy of your judgment in the real estate records in the county in which the property is located. Such liens are not recorded with the Department of State.
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.
To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.
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.
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.
Once a judgment is entered, creditors have multiple options for collection: Your wages or funds in a bank account may be frozen. You may be required to reveal all assets through a deposition or document request. Creditors can place liens on non-exempt property.
