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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.
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.
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 is considered one of the best states for asset protection because of its generous creditor exemption laws. Florida law protects an unlimited amount of homestead equity, tenants by entireties property, head of household wages, retirement accounts, annuities, life insurance, and disability insurance.
If a creditor files a lawsuit against you and wins a judgment, they can seize quite a few assets. They can garnish your wages, levy your bank account, and even go after your personal property. This includes everything from cars and furniture to clothing and household goods.
Personal property valued outside $1,000 is also not exempt, per Article 10, Section 4, of the Florida Constitution. Savings accounts that are not health savings accounts, prepaid medical savings accounts, hurricane savings accounts or educational savings accounts are also nonexempt, per Florida Statute, Section 222.22.
The most important exemption from creditors in Florida is the Florida homestead exemption. The homestead exemption is in the Florida Constitution. Florida's homestead law protects up to 1/2 acre of real property in a city and up to 160 acres in an unincorporated county from property liens and forced sale.
Florida is considered one of the best states for asset protection because of its generous creditor exemption laws. Florida law protects an unlimited amount of homestead equity, tenants by entireties property, head of household wages, retirement accounts, annuities, life insurance, and disability insurance.
File a certified copy of your judgment in the real estate records of the county in which the property is located. The lien is in effect for 10 years, and it can be renewed for an additional ten years.