Judgment Lien On Real Property In Florida In Chicago
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FAQ
While it is possible to pursue cross-state debt collection without an attorney, it is generally not recommended. The legal complexities involved, including varying state laws and regulations, can be difficult to navigate without the expertise of a creditor's rights attorney.
The sister-state judgment allows a creditor to recover debts from a debtor who has relocated to California using a court order or judgment that was issued in another state.
The easiest procedure is to file a motion for summary judgment in lieu of complaint. That sets up a summary procedure that is designed to determine whether defendant received proper service of legal papers in the out-of-state case and that granting recognition to the judgment doesn't violate NY public policy.
The FDCPA however is very specific in that a debt collector can only sue in the county and state where the contract was signed or the county and state where the defendant currently resides.
The sister-state judgment allows a creditor to recover debts from a debtor who has relocated to California using a court order or judgment that was issued in another state.
The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.
Illinois law governs the time limit for enforcing judgment and states “no judgment shall be enforced after the expiration of 7 years from the time the same is rendered.”1 The same statute allows the 7-year limitation period to be extended “upon the revival of the judgment by a proceeding.”
To be able to put a lien, you need to sue on the debt, get a judgment and then record the judgment in the county where the property is located. The recorded judgment is a lien on the property!
