Attorney
If you have won a lawsuit and obtained a judgment against someone in Florida, you may wonder how long that judgment remains enforceable. Under Florida law, a domestic judgment is valid for 20 years. However, there are critical nuances that judgment holders must understand to ensure they can effectively enforce their rights and maximize their ability to collect on the debt. Keep reading for more information from Boatman Ricci.
Enforcing a Judgment: The Role of Judgment Liens
A judgment is only enforceable against the property of a debtor if it has been properly recorded. This is where a judgment lien comes into play. A judgment lien allows a creditor to attach the judgment to the debtor’s real or personal property, making it more difficult for the debtor to sell or transfer assets without satisfying the debt. Without a properly recorded lien, a creditor may have a judgment but struggle to collect it effectively.
In Florida:
- Real Property Liens: To create a lien on real estate, the judgment must be recorded in the county where the property is located. This lien lasts 10 years and can be extended once for another 10 years if re-recorded before expiration (Fla. Stat. §55.10).
- Personal Property Liens: A judgment lien on personal property (such as vehicles, equipment, and other assets) is created by filing a judgment lien certificate with the Florida Department of State. The lien is valid for five years and can be extended for another five years by filing a new certificate within six months before expiration (Fla. Stat. §55.202).
Collecting on a Judgment: What Creditors Should Know
A judgment provides legal leverage, but enforcing it requires active efforts. Creditors may pursue several methods to recover debts:
- Garnishing Wages: Under Florida law, wage garnishment is permitted, but debtors may claim a “head of household” exemption to protect their earnings (Fla. Stat. §77.0305).
- Garnishing Bank Accounts: Creditors can freeze and collect funds from a debtor’s bank account, but certain funds, such as Social Security benefits, are exempt (Fla. Stat. §222.11).
- Seizing Non-Exempt Property: Non-exempt personal property can be seized and sold to satisfy a judgment.
- Renewing Judgment Liens: Keeping liens active is critical to enforcing collection efforts.
When Should You Seek Legal Assistance?
Navigating Florida’s judgment enforcement laws can be complex. An experienced attorney can help with:
- Properly recording and renewing judgment liens.
- Filing legal actions to extend enforceability.
- Initiating collection methods such as garnishments or levies in compliance with Florida law.
If you need assistance with enforcing or renewing a judgment in Florida, consulting with a knowledgeable attorney can maximize your chances of recovering the debt before your judgment expires.
Your Trusted Naples Lawyers
A judgment in Florida remains valid for 20 years, but judgment liens must be renewed within 10 years for real property and five years for personal property to remain enforceable. Creditors have options to extend collection efforts, but they must follow strict procedures to do so. Understanding these timelines is essential for protecting your right to collect a judgment.
Seeking legal assistance ensures you take the necessary steps to enforce and preserve your claim effectively. If you have an outstanding judgment that needs to be enforced or renewed, don’t wait until it’s too late. Contact Boatman Ricci today to ensure your judgment remains valid and enforceable. Protect your financial interests and explore all available collection options by scheduling a consultation now.