There seems to be no shortage of loopholes in the system for debtors. Attention creditors of Florida judgments! What if I told you there were possible loopholes to benefit YOU? The statute of limitations for Florida judgments is 20 years…or is it? It’s a little more complicated than that – but in a good way. You see, there are different life durations for different facets of judgment enforcement. Judgment creditors have a few main paths to choose from – each with a different expiry time.
The main pathways of judgment enforcement in Florida are:
Filing a Lien
According to Florida Statute 55.205(1), a lien against real property, in which a certified copy of it has been recorded in the county, has a 10 year life. Liens against real property can be extended in 10 year increments.
Filing for a Writ of Execution
Whereas the life of a lien is very clearly stated in Florida statutes, items of execution to enforce judgments are not so clearly defined. The question is, how long can a creditor perform an item of execution? You might say, “Well Florida statutes say the statute of limitations is 20 years.” But is it?
According to Florida Statute 95.11(1), an action on a judgment can be filed for up to 20 years. This statute says nothing about ‘executions’. Actions and executions are two different things. An action creates a new judgment. An execution is a proceeding to enforce the satisfaction of an existing judgment. This is a huge gray area that may be used by judgment creditors to extend the life of their judgment.
Filing an Action
So as we mentioned above, Florida Statute 95.11(1) says an action on a judgment can be filed for up to 20 years. Here’s another possible loophole! Filing an action on an existing judgment creates a whole new judgment with its own 20 year shelf life. This opens up a completely new ball game for judgment creditors, as it appears as long as the action that opens a new judgment is filed before the 20 year expiration date, the cycle can just keep repeating itself, extending the life of the judgment indefinitely.
There are many options available to judgment creditors; however, the ins-and-outs of law are complicated. It is crucial to have a great team on your side to help navigate your options – especially those options that may not be clearly laid out. If you are a judgment creditor and want to discuss your options in further detail, please contact us at (877) 879-9880. Judgment Enforcement Solution, Inc. has a nationwide network of attorneys completely well-versed in all aspects of the laws surrounding judgment recovery.
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