Judgment Lien On Real Property In Florida In Florida
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FAQ
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.
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.
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.
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.
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.
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.
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.
A judgement becomes a lien on real property when the judgement creditor files a certified copy of the judgement with the circuit clerk's office in the county where the debtor has real property (FS 55.10). Such liens attach to any real estate a debtor presently owns or will own in the county and persist for 10 years.
