Florida Assignment of Judgment to Attorney for Collection

State:
Multi-State
Control #:
US-02701BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Florida ?no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment.?18 In order to retain a lien for the maximum period of 20 years, the certified copy of the judgment must be recorded ...

559.72 Prohibited practices generally. ?In collecting consumer debts, no person shall: (1) Simulate in any manner a law enforcement officer or a representative of any governmental agency. (2) Use or threaten force or violence.

(1) When any judgment creditor holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment creditor may file a motion and an affidavit so stating, identifying, if applicable, the issuing court, the case number, and the unsatisfied amount of the judgment or judgment lien, including accrued ...

The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.

A Florida judgment lasts for 20 years. The time runs from the day the final judgment is signed by the judge and entered by the court. This 20-year timeline is established by section 55.081 of the Florida Statutes. A creditor can collect a judgment any time during the 20 years after its issuance.

If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale.

Florida Statute § 56.29 provides judgment creditors with an expeditious remedy to both discover assets which may be subject to the judgment, as well as subject those assets to a speedy proceeding in the same court where the original judgment was obtained. Regent Bank v. Woodcox, 636 So.

Florida Statute 59.26, The Florida Proceedings Supplementary statute, allows a judgment creditor to implead (add as a defendant) any person or entity that was the recipient of a conveyance made to defraud creditors or delay collection of a judgment.

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Florida Assignment of Judgment to Attorney for Collection