Judgment Against Property For Florida In Palm Beach
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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.
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.
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.
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 Salinas Court concluded that “all post-judgment discovery efforts aimed at collecting such a judgment must occur – and be completed – within twenty years of the entry of the judgment.”
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.
File a petition for the domestication of the foreign judgment in the circuit court of the Florida county where the debtor lives or has property; Serve the petition and a copy of the foreign judgment on the judgment debtor; Attend a hearing on the petition, if the court schedules one; and.
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.
