Judgment Against Property For Debt In Florida

State:
Multi-State
Control #:
US-0025LTR
Format:
Word; 
Rich Text
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

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.

The following kinds of personal property are exempt from debt collection and cannot be seized: Household goods, like furniture, clothing, and appliances. Medical equipment, such as a wheelchair. One television, one radio, one computer and one cell phone.

The recorded judgment automatically attaches to all property in whatever county the judgment is recorded. The creditor would have to record the judgment in all 67 Florida counties separately to create a state-wide lien on the debtor's real property. Second, only “certified copies” of the judgment give rise to a lien.

Florida is considered one of the best states for asset protection because of its generous creditor exemption laws. Florida law protects an unlimited amount of homestead equity, tenants by entireties property, head of household wages, retirement accounts, annuities, life insurance, and disability insurance.

Under the Florida Contraband Forfeiture Act, the State can seize “any personal property” – including any type of vehicle, boat, machine, etc. – if they can demonstrate a “nexus” between the item seized and illegal activity.

Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under. Before discussing the terms of joint ownership, it's important that you understand exactly what liens are and what they may mean for you and your investment.

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.

A judgment is a lien on real estate for 7 years from the time it is entered or revived. 735 Ill. Comp. Stat.

More info

Yes, Florida law allows a creditor to file a Judgment Lien Certificate with the Department of State. Judgment liens on personal property in Florida are filed with the Florida Department of State.Step 1: Fill out PLAINTIFF'S MOTION FOR WRIT OF GARNISHMENT and WRIT OF. GARNISHMENT and file with the Clerk of Court. A judgment lien against real property cannot be filed through the Florida Department of State. Fill out the Judgment Lien Certificate. The mailing address for the JLC is Department of State, Division of Corporations,. Take the certified copy of your judgment to the Clerk's Office of the Circuit Court, Recording Section, 22 NW 1st Street, Miami, Florida, and have it recorded. The debtor then becomes subject to an officially recorded lien. Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. In order to claim an exemption you must timely fill out the claim of exemption form, file it with the court and send a copy to the judgement creditor.

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Judgment Against Property For Debt In Florida