Judgment Against Property For Florida In Florida
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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.
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.
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. You can exempt or protect your home and up to one-half acre of land from any forced sale if you live in an incorporated area.
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.
The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. Real property: land and buildings owned by the debtor.
Post-judgment discovery is appropriate as long as the judgment is enforceable.” The Court found that Florida judgments have a twenty year life during which those judgments are enforceable.
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.
