Judgment Against Property With Florida In Fulton
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FAQ
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.
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.
Under the Florida Contraband Forfeiture Act, the State can seize “any personal property” – including any type of vehicle, boat, machine, etc. – if they can demonstrate a “nexus” between the item seized and illegal activity.
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.
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.
The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.
You can obtain a judgment lien on all of the judgment debtor's personal property located anywhere in the state by filing a Judgment Lien Certificate with the Department of State. To get the proper form you must go on the internet to the Department's website: .sunbiz.
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.
