Judgment Against Property With Find In Florida
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FAQ
Q: Where can I find judgments, filings, complaints, and divorce decrees (orders), or other case documents or information? A: You must contact the clerk's office at the court where your case was handled. You may find trial court clerks' phone numbers, street addresses, and website addresses through .flclerks.
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.
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.
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.
In Florida, a “void judgment” is so defective that it is deemed never to have had legal force and effect, while a “voidable judgment” is a judgment that has been entered based upon some error in procedure that allows a party to have the judgment vacated, but the judgment has legal force and effect unless and until it ...
Article X, Section 4 of Florida's constitution protects Florida homestead property from creditor judgments. The homestead exemption is the most protected asset from creditors in the entire country. The homestead exemption protects a person's primary residence from forced sale by judgment creditors.
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.
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.
