Judgment Lien On Personal Property Without Paying For It In Palm Beach

State:
Multi-State
County:
Palm Beach
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

The Judgment Lien on Personal Property Without Paying for It in Palm Beach form is designed to help users create a legal document that establishes a lien against personal property as a result of a court judgment. This form is particularly useful for attorneys, paralegals, and legal assistants who assist clients in enforcing collections on judgments. Key features include customizable sections for entering the judgment debtor's details, court information, and specifics about the lien’s applicability. Users should ensure to fill in all required fields accurately to maintain the form's legality. It can be edited to fit various scenarios and is applicable across multiple counties if a debtor owns real property there. The form facilitates communication by enabling users to include supplementary requests to identify additional properties owned by the judgment debtor. Legal professionals can utilize this form to streamline processes related to debt recovery while ensuring compliance with local laws. Overall, it serves as a supportive tool for both legal practitioners and clients navigating the complexities of judgment enforcement.

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FAQ

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.

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.

An involuntary lien can occur without your knowledge, depending on the circumstances. A creditor often places a judgment lien after suing you and winning the case.

Although you can file a lien without first giving notice to the owner, the Florida notice to owner rules requires that you give notice within 15 days after filing with the county recorder.

—An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such as to require a new trial, direct that a new trial be had on all the issues shown by the record or upon a part of such issues only.

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.

To access information about any outstanding tax liens or assessments in Florida, you can visit either the Florida Department of State website or the Internal Revenue Service (IRS). Simply search for the property owner's name or the property's address on these websites to retrieve the relevant information you need.

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Judgment Lien On Personal Property Without Paying For It In Palm Beach