To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.
You can obtain a judgment lien on all of the judgment debtor's personal property located anywhere in the state by filing a Judgment Lien Certificate with the Department of State. To get the proper form you must go on the internet to the Department's website: .sunbiz.
Section 713.08 of the Florida Statutes, provides the proper form and specific requirements to complete the claim of lien document such as: name and address of lienor, statement of labor and materials provided, description of the property, name of property owner, lien amount, proof of service and the proper warning to ...
A small claims case is a legal action filed in county court to settle minor legal disputes where the dollar amount involved is $8,000 or less.
If the defendant fails to appear at the preliminary hearing, the court will enter a default against him/her after it is shown to the judge that the suit was filed in the proper county and the defendant was legally notified.
The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. Real property: land and buildings owned by the debtor.
Duration of a Judgment in Florida A judgment can be enforced against real property or personal property for up to 20 years under Florida law. That means that a creditor can pursue payment from you for up to 20 years from the date of the judgment if the creditor extends or renews it.
The Final Judgment ends the legal proceedings in that court and allows for appeal to a higher court. There are different types of judgments depending on the type of legal proceeding. In a proceeding for foreclosure of a lien or mortgage, the court may enter a Final Judgment of Foreclosure.
The Salinas Court concluded that “all post-judgment discovery efforts aimed at collecting such a judgment must occur – and be completed – within twenty years of the entry of the judgment.”