USEFUL TIPS – FLORIDA JUDGMENTS
Once you’ve been awarded a judgment, the first thing you should do is file a Judgment Lien Certificate with the Florida Department of State. This is not a mandatory step in the judgment recovery process, but it is definitely an important one – and a step that should be taken sooner, rather than later. We’ll discuss why in just a moment. First, let’s cover some basics about different types of debtor property and exemptions.
Once awarded a judgment, a judgment creditor can file a Writ of Execution that orders the sheriff to levy (seize) the debtor’s property. There are a few catches:
- The sheriff does not go through the process of locating the debtor’s property – it is the judgment creditor’s responsibility to provide the location of the assets. Click here to see how hiring a judgment recovery specialist can help with that process
- The debtor’s homestead is off limits (Statute XIV 196.031)
- The debtor can select personal property worth up to $1000 to be exempt
- One motor vehicle worth up to $1000 is also exempt
So what CAN you seize?
There are two types of properties – personal and real.
Personal Property – essentially any property that can physically be moved (cars, boats, furniture, jewelry, livestock, etc.)
Real Property – land and buildings
Real Property Liens are not recorded with the Department of State. If you would like to obtain a lien for real property you must record a certified copy of your judgment in the real estate records of the county in which the property is located. These liens are valid for ten years and can be renewed.
So let’s get back to what we were talking about earlier – why is it important to file a Judgment Lien Certificate as soon as possible? Well that’s easy…you need to hurry up and get your place in line. You see, when the sheriff seizes the debtor’s property and sells it at auction, everyone wants their piece of the pie.
If other people filed Judgment Lien Certificates before you, those people will get paid first, in the order in which they filed. If the sheriff runs out of money before getting to you, you get nothing.
Curious to see if anyone is ahead of you in line? You can do a judgment lien search here.
If there are others ahead of you, waiting for their piece of the pie – have no fear! Once their lien lapses (five years from the filing date), and they renew their lien, they get put in the back of the line again and you move closer to the front. However, because of this rule, it is important to be proactive in the judgment enforcement process – if you wait too long and your lien lapses, you too will be put at the back of the line when you renew your lien.
How do I file a Judgment Lien Certificate?
The process is easy and can be done online. Click here to be directed to the Florida Department of State’s website.
For more information about being proactive with the judgment recovery process, contact Judgment Enforcement Solution, Inc. at (877) 879-9880 or by filling out our online contact form to discuss the details of your case.
Disclaimer: The information, opinions and materials contained in this blog are provided for general informational purposes only and are not intended to be legal advice. Being general in nature, the information, opinions and materials contained in this blog may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. The information, opinions and materials contained in this blog are not intended to substitute or refute legal advice given by a licensed attorney. You should not act upon information, opinions or materials contained in this blog without seeking advice from a licensed attorney in your own state or jurisdiction. Laws change frequently and vary in different locations. If you require legal advice, please consult with a licensed professional attorney in your state or jurisdiction.
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