Judgment Against Property For Florida In Cuyahoga
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Recording the judgment creates a lien on the debtor's real estate in that county. Without recording, the judgment is only a piece of paper and does not attach to any property.
Florida Homestead Protection Article X, Section 4, Constitution of the State of Florida (1968) exempts a homestead from forced sale and provides that no judgment or execution shall be a lien thereon.
A Florida judgment creditor can put a judgment lien on the judgment debtor's tangible personal property and some kinds of intangible personal property. Tangible property means things you can see and touch, like furniture, electronics, artwork, and jewelry.
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.
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 the judgment debtor's real property by recording a certified copy of your judgment in the real estate records in the county in which the property is located. Such liens are not recorded with the Department of State.
Once a judgment is entered, creditors have multiple options for collection: Your wages or funds in a bank account may be frozen. You may be required to reveal all assets through a deposition or document request. Creditors can place liens on non-exempt property.
If you own the home you live in, your home is protected from all creditors except those holding a mortgage or lien on your residence.
Satisfy the Judgment: Paying the debt in full is the most straightforward way to remove the lien. Obtain a satisfaction of judgment from the creditor and file it with the court.
