How Long Does A Judgment Last?
I received a call from a doctor who had his checking account garnished by a creditor who obtained a judgment over 10 years ago. The caller had found by his own research that judgement liens expire in 10 years, and he asked how the creditor could apply his judgement which is now over 10 years old to garnish a bank account.
The caller confused judgments and judgment liens. A judgment lien is the recording of a certified judgment with the Florida registry. The recording gives the judgment holder priority over judgments subsequently recorded. Any proceeds from the forced sale of debtor's property subject to the judgment will go to pay priority judgment liens first, and money left over, if any, is applied to the junior liens. Property such as homestead is not subject to judgment liens. After 10 years the first recorded judgment lien loses its priority standing
Judgments which are not recorded as liens, or are recorded as junior liens, are still valid judgments which can be executed against the debtor's property. A judgment creditor may garnish the debtor's bank accounts even if the creditor has not recorded its judgment or has recorded in second place. Florida Statute 55.081 states that judgments are good for 20 years. Therefore, 10 years after this caller's creditor had obtained a judgment and recorded the judgment the creditor may have lost the priority of his recorded lien, but the judgment was still in effect and could be used to obtain a writ of garnishment.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
How about South Carolina, what can I do to get my money
I just got tenants in my rental in Orlando. I live in Tampa. The Lease agreement was to come up with 1/2 the monies on 01/01/08 and the other 1/2 being the security deposit on 01/25/08.This is in writing and signed.
This has not been done and here it is 02/02/08 and rent is now due. I sent a letter and a Addendum certified. I just finished tracking it and a notice was left. Then it will be returned to me if the party isn't there to sign.
I know there's a mother there when her sons are working. I believe anyone can sign for the delivery right? Today I sent another notice to Pay Rent Or Quit certified. Can I place a Judgement on all adults even if the lease is in one persons name? Everyone elses names are listed as living there. Can a Judgement be done here fron Tampa? Thanks for your help!
All this was done with a rental realtor who seems scared or lost. He dosen't seem to be even trying. Just says the tenant told him not to call or, bother unless I fix a spot in the utility room under the door where ants are getting in. I told the tenant I would get to it when I could and someone is going there today. He is trying to use the utility room as a bedroom. I told him it was for storage not to sleep in. That it is a 3bdrm/2bthrm and not a 4/2.
The express statement to civil courts of your legal right to use the Florida Homestead exemption and Wage Garnishment exemption for head of household does not stop or prevent creditors from filing lawsuits against debtors. Creditors will continue to pursue judgments against you because the statute of limitations is up to 20 years.
Creditors' legal position is to hope your current financial situation changes, so that they can impose a judgment lien on your assets for future collection. For instance, you may marry into another relationship, where your spouse earns as much as you do. Creditors will attempt to file a lien on your assets several years later and will force you to prove again that you qualify for the head of household wage garnishment exemption. In a 50/50 earnings situation, the creditor would earn the right to garnish your future wages years later.
No matter what you do; you are dead in the water when a judgment is won in court against you. The only way a debtor in this situation can win is to stay status quo; but you would no longer be able to live your life as a "free" man or woman.
I had a judgement lien placed on my property. It was done outside the statute of limitations on old credit card debt purchased by a "law firm" that places these liens, I was never formally served with the court paperwork, to appear. Is there a way to get rid of it?
my ex owes me a large sum of money and I have a judgement lean against his business. I just received notice that he is filing for bankruptcy. Does this mean it will erase the judgement I have against him? We live in FL
A judgement filed 10 years ago (2000) in Florida by a woman who ran a red light and hit my son's car. His girlfriend at the time was driving the car. The woman claimed the girlfriend ran the red light. There were no witnesses. The responding police officer wrote 'No fault' on the citation. The woman filed a lawsuit against my son and his girlfriend, who has not been in the picture now for years. The attorney for this woman reactivated the suit just a few months ago (we just recently learned from the DMV) which is now keeping my son from renewing his license in Florida. The DMV has it documented in their system that this attorney served papers about this judgement on my son in 2006. This did NOT happen because my son was not even living in Florida at the time, so obviously either the attorney or the person who was supposed to serve the papers lied. What can be done about this judgement and why does this prevent my son from renewing his driver's license? It seems that the judgement would be null and void due to the failure to serve notice as well as due to the statute of limitations. He was not driving and the other woman was not injured. Since the incident was deemed 'No Fault', I assume that would mean each party's insurance company would cover damages to their vehicles. This judgement seems to be all about getting money by fraudulent means but yet my son is the one who is being handicapped by this action, keeping him from getting a license. Would this judgement be considered past the 'statute of limitations' under normal circumstances, especially since the attorney or the server did not actually serve papers on my son and he was totally unaware? What steps can he take to clean slate this ridiculous and unwarranted lawsuit?
Thank you for any guidance in resolving and/or disputing this issue. We cannot afford to hire an attorney to fight this in court which I feel we should not have to do anyway.
Bev
I have a house that is being deeded over to me (by my boyfriend). When I search public records, he has a judgment against him from 1996 from a bank and a child support judgment from 2000 (his x-wife says she told the court to wipe away the arrears, but I don't see a satisfaction) I don't really know how it all works. How will this affect our real estate transaction? No money is planned to change hands. We live in Florida.
on July 26, 2002 I received a final judgement against a person to recover my money plus interest from her. I have been trying ever since, I gave my case to an attorney and so far I got no money. nHow long do I have before it experies? what else can I do? I live in Orange county and she lives in Okeechobee
thanks for your help