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Effective Life of a Judgment in Florida

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Effective Life of a Judgment in Florida

Final Judgments entered in the State of Florida are enforceable for 20 years, and can be reestablished for an additional 20 years.

There are several numbers routinely tossed about when it comes to Final Judgments.  You may have heard 10 years, or 5 years, but these time frames relate to the amount of time that judgment liens can be placed on property.

For real estate, a judgment lien is imposed upon non-homestead property when a certified copy of the Final Judgment is recorded in the public records of the county in which the land is located.  Remember, a judgment lien can not attach to the primary resident of a judgment debtor–it is protected as a homestead.  A judgment lien on non-homestead property established by recording a certified copy of the Final Judgment is valid for 10 years, and can be renewed until the end of the 20 year life of the judgment.

For personal property, which is everything that is not land or built on land, a judgment lien is imposed upon non-exempt property when a judgment lien certificate is recorded with the Secretary of State of Florida.  This lien is valid for 5 years and can be renewed for another 5 years.

The key is–even after the judgment lien on personal property is maxed after 10 years, a judgment is still enforceable.  A judgment creditor can still levy on personal property, or can use garnishment, or conduct discovery to determine whether assets are subject to execution on the judgment.

Remember, the judgment is enforceable for 20 years.

Jeffrey Lampert can be reached to answer any questions you may have about enforcing your rights as a judgment creditor.

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