Judgment Against Property For Florida In Cook
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FAQ
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.
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.
Your home and Florida's homestead exemption 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.
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.
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.
A Florida judgment lien on property expires 10 years after a certified copy of the judgment is recorded in the county where the property is located. However, a creditor can extend or renew the lien for another 10 years for a total of 20 years.
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.
