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jcjd
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What is the name of your state? Florida
Act Now to Preserve Your Florida Judgment Lien Rights
Beginning October 1, 2001, for a money judgment to serve as a lien, Florida will require filing of a Judgment Lien Certificate with the Florida Department of State, not the local sheriff. Any money judgments filed with the local sheriff prior to October 1, 2001, will become invalid on October 1, 2003, unless such judgments are properly refiled with the Florida Department of State.
Previously, creditors recorded a certified copy of their final judgment with the clerk of the court in the county where the debtor owned real property. The recorded final judgment acted, and will continue to act, as a lien on the debtor’s real property in that county. After recording the final judgment, creditors then filed a Writ of Execution with the local sheriff. The Writ of Execution served as a lien on the debtor’s personal property in that county. This has changed.
Instead of filing Writs of Execution with the local sheriff, creditors must now file a Judgment Lien Certificate with the Florida Department of State. Unlike the previous Writs of Execution, a Judgment Lien Certificate will act as a lien on the debtor’s personal property throughout the state. The Judgment Lien Certificate will lapse five years after recording, unless the creditor records a new Judgment Lien Certificate six months prior to the expiration of the lien. This will extend the life of the lien another five years.
Any Writ of Execution filed prior to October 1, 2001, will for two years constitute a lien on the debtor’s personal property located in the county in which it was filed. The Writ of Execution will not act as a lien on the debtor’s personal property brought into the county after October 1, 2001, or on the debtor’s personal property throughout the state. The Writ of Execution will expire on October 1, 2003, and will become unenforceable. To avoid losing your lien rights, you must file a Judgment Lien Certificate with the Florida Department of State prior to October 1, 2003.
Does this mean, if a judgment was filed against me in 1988, refiled in 1995, sheriff's dept. brought "Instructions for Levy" and confiscated my only asset(1984 car) in 1995, that they can't take anything else from me because they never filed a Judgment Lein Certificate?
Act Now to Preserve Your Florida Judgment Lien Rights
Beginning October 1, 2001, for a money judgment to serve as a lien, Florida will require filing of a Judgment Lien Certificate with the Florida Department of State, not the local sheriff. Any money judgments filed with the local sheriff prior to October 1, 2001, will become invalid on October 1, 2003, unless such judgments are properly refiled with the Florida Department of State.
Previously, creditors recorded a certified copy of their final judgment with the clerk of the court in the county where the debtor owned real property. The recorded final judgment acted, and will continue to act, as a lien on the debtor’s real property in that county. After recording the final judgment, creditors then filed a Writ of Execution with the local sheriff. The Writ of Execution served as a lien on the debtor’s personal property in that county. This has changed.
Instead of filing Writs of Execution with the local sheriff, creditors must now file a Judgment Lien Certificate with the Florida Department of State. Unlike the previous Writs of Execution, a Judgment Lien Certificate will act as a lien on the debtor’s personal property throughout the state. The Judgment Lien Certificate will lapse five years after recording, unless the creditor records a new Judgment Lien Certificate six months prior to the expiration of the lien. This will extend the life of the lien another five years.
Any Writ of Execution filed prior to October 1, 2001, will for two years constitute a lien on the debtor’s personal property located in the county in which it was filed. The Writ of Execution will not act as a lien on the debtor’s personal property brought into the county after October 1, 2001, or on the debtor’s personal property throughout the state. The Writ of Execution will expire on October 1, 2003, and will become unenforceable. To avoid losing your lien rights, you must file a Judgment Lien Certificate with the Florida Department of State prior to October 1, 2003.
Does this mean, if a judgment was filed against me in 1988, refiled in 1995, sheriff's dept. brought "Instructions for Levy" and confiscated my only asset(1984 car) in 1995, that they can't take anything else from me because they never filed a Judgment Lein Certificate?