Property Judgment Liens in Florida

A property lien may be utilized to collect a court judgment in Florida. This is how it works.

In a civil court matter, a judgment is issued by the court after a judge or jury renders a verdict – or after a court-approved settlement. A typical judgment includes an order for money to be paid from one person to another. However, the individual who owes the money (the debtor) does not always pay it back. A judgment lien is one method of ensuring that the person who obtained the judgment (the creditor) receives what is due to him or her. A judgment lien grants the creditor the right to receive a set amount of money from the profits of the debtor’s property sale.

What types of property are susceptible to a judgment lien in Florida?

A judgment lien may be connected to the debtor’s real estate in Florida, which includes a home, condo, land, or other kind of property interest. In addition, judgment liens may be attached on the debtor’s personal property, such as jewelry, art, antiques, and other valuables.

In Florida, how can a creditor get a judgment lien?

To attach a lien, the creditor must register the judgment with the county recorder in every Florida county where the debtor now owns or may soon own real estate. The creditor files the judgment with the Florida Department of State for liens on personal property.

In Florida, how long does a judgment lien last?

In Florida, a judgment lien remains attached to the debtor’s property for 10 years (real estate lien) or five years (personal lien) (personal property lien).

Keep in mind that in Florida, a creditor’s ability to collect under a judgment lien is influenced by a number of factors, including a fixed amount of value that cannot be touched if the property is the debtor’s primary residence (known as a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If matters get problematic, you should consult with an expert Florida bankruptcy and debt attorney to assist you in resolving any lien concerns.

Where can I get information about Florida judgment liens?

If you want to go straight to the source and seek up Florida laws on judgment liens – maybe you’re a party to a judgment or merely looking for possible encumbrances on property – the applicable statute(s) can be found under Fla. Stat. Ann. Sections 55.202 to.205, 55.081, and 55.10.