A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances.
Florida Lien on Real Property Regarding Judgment in a Federal Court
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How to fill out Lien On Real Property Regarding Judgment In A Federal Court?
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Execution and Levy In Florida, a judgment creditor can seize personal property including (1) automobiles, (2) stock in private companies, and (3) valuable home possessions. This process is called execution and levy.
Generally, in Florida, judgment creditors have two options for enforcing civil judgments entered by federal courts: proceed with enforcement in the federal court that entered the judgment, or domesticate the judgment and proceed with enforcement in Florida state court.
A judgment lien in Florida will remain attached to the debtor's property (even if the property changes hands) for ten years (real estate lien) or five years (personal property lien).
In Florida, the statute of limitations is 20 years for judgment recovery and unpaid property taxes, but 5 years or less for all other types of lawsuits. The purpose of the statute of limitations in Florida is to encourage people with a valid claim to timely file a lawsuit.
Return to the Clerk of the Court that originally issued your judgment and ask for a Writ of Execution. Deliver the Writ to the sheriff's department for the county where the debtor's property is located. Provide the sheriff's department with: A deposit to cover their fees and costs.
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.
If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale.
The first step is enlisting a Florida attorney to record a certified copy of the foreign judgment with the clerk of court in the county where the debtor resides or holds assets you want to collect or levy on. This attorney should also prepare and record a judgment creditor's affidavit.
