- In order to qualify as a legitimate judgment lien, it must be a final judgment and must have been issued either by a Florida state court or a United States District Court in Florida. If the judgment was issued by a court from another state, then the plaintiff must file for a domestication of the judgment in the Florida county where the defendant resides. Once filed, the defendant has 30 days to object. If the 30 days pass and no objection is filed, the judgment should be officially recorded.
- A lien is not official until a certified copy of the judgment is recorded in the county where the defendant's property is located. The paperwork must contain the name and address of the lien holder, as well as the name, address and federal tax identification number of the defendant. Once accepted, the effective date of the lien is the date that the lien is recorded and it is from that date that the statute of limitations to collect begins.
- A judgment lien can only be filed against non-exempt real property. This means that the property cannot be the defendant's homestead, the defendant must be the sole owner and the property not involved in any bankruptcy proceedings. Once the lien has been officially recorded, the plaintiff has 10 years to collect the judgment. If more time is needed, the plaintiff may file for a 10-year extension to the lien. This request needs to be done before the original lien expires. The maximum length of time for a lien is 20 years.
- A plaintiff may also file a lien against a defendant's personal property. The official recording for this lien is filed with the Department of State. This gives the plaintiff five years in order to attempt to collect the property. The duration of the lien may be extended for another five years, but that request must be made no more than six months prior or six months after the original lien's expiration date. Florida law allows for only one five-year extension.
next post