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. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.
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With very few exceptions, the Homestead is exempt from forced sale by any court and no judgment shall become a lien on Homestead property.
You can remove a lien in Florida by: Paying off your debt. Filling out a release-of-lien form. Getting the release-of-lien form notarized. Filing the release with the county recorder's office. Keeping a copy of the release in your possession.
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.
There are four main ways to not pay a judgment: (1) use statutory exemptions, (2) use protected assets, (3) negotiate with the creditor, or (4) file bankruptcy.
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.
Your home and Florida's homestead exemption If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence. You can exempt or protect your home and up to one-half acre of land from any forced sale if you live in an incorporated area.
The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.
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.
