judgment

[mommyoftowboys]

What is the name of your state? Florida

How long does a creditor, or attorney have to renew or excecute a judgement before it expires?

 

[draygnmage]

They can file executions on any judgment that is active. Judgments can be active anywhere from 5-10(?) years before needing to be renewed. It depends on the court as far as the time frame during which a judgment can be renewed. I would call your local municipal court and ask the clerk who answers for that info.

 

[Chien]

A FL money judgment has an exceptionally long life of 20 years

Effective with a 2003 deadline, there was a change in your statutes regarding the manner of recording and renewing judgment liens, which must be done every 10 years.

I don’t practice in FL and would have sworn there was a judgment renewal provision as well, but I haven’t found it in your statutes, don’t want to speculate and hope a FL attorney comes along who can help you there.

FL law seems confusing to me, because there is FL case law to the effect that the execution right is consistent with the judgment lien life. That would be the 10 years and not 20, and it doesn’t appear to address the issue of how it’s renewed. (‘Tho as draygnmage explained, the execution right should be the same as the life of the judgment, and I'm sure that it is.)

Court personnel may find the inquiry suggested to be tantamount to giving legal advice, which is prohibited. If they can’t help you and these are realistic present concerns, you might want to consult Legal Aid, the FL chapter of the National Association of Consumer Advocates or see if you could get a brief, free consultation through the FL Bar Association.

 

[Kanchazi]

The 2007 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 55
JUDGMENTS View Entire Chapter

55.081 Statute of limitations, lien of judgment.--Subject to the provisions of s. 55.10, 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, order, or decree.

History.--s. 1, ch. 29954, 1955; s. 9, ch. 67-254; s. 1, ch. 87-67.

 

[Kanchazi]

The 2007 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 55
JUDGMENTS View Entire Chapter

55.204 Duration and continuation of judgment lien; destruction of records.--

(1) Except as provided in this section, a judgment lien acquired under s. 55.202 lapses and becomes invalid 5 years after the date of filing the judgment lien certificate.

(2) Liens securing the payment of child support or tax obligations as set forth in s. 95.091(1)(b) shall not lapse until 20 years after the date of the original filing of the warrant or other document required by law to establish a lien. No second lien based on the original filing may be obtained.

(3) At any time within 6 months before or 6 months after the scheduled lapse of a judgment lien under subsection (1), the judgment creditor may acquire a second judgment lien by filing a new judgment lien certificate. The effective date of the second judgment lien is the date and time on which the judgment lien certificate is filed. The second judgment lien is a new judgment lien and not a continuation of the original judgment lien. The second judgment lien permanently lapses and becomes invalid 5 years after its filing date, and no additional liens based on the original judgment or any judgment based on the original judgment may be acquired.

(4) A judgment lien continues only as to itemized property for an additional 90 days after lapse of the lien. Such judgment lien will continue only if:

(a) The property had been itemized and its location described with sufficient particularity in the instructions for levy to permit the sheriff to act;

(b) The instructions for the levy had been delivered to the sheriff prior to the date of lapse of the lien; and

(c) The property was located in the county in which the sheriff has jurisdiction at the time of delivery of the instruction for levy. Subsequent removal of the property does not defeat the lien. A court may order continuation of the lien beyond the 90-day period on a showing that extraordinary circumstances have prevented levy.

(5) The date of lapse of a judgment lien whose enforceability has been temporarily stayed or enjoined as a result of any legal or equitable proceeding is tolled until 30 days after the stay or injunction is terminated.

(6) If no second judgment lien is filed, the Department of State shall maintain each judgment lien file and all information contained therein for a minimum of 1 year after the judgment lien lapses in accordance with this section. If a second judgment lien is filed, the department shall maintain both files and all information contained in such files for a minimum of 1 year after the second judgment lien lapses.

(7) Nothing in this section shall be construed to extend the life of a judgment lien beyond the time that the underlying judgment, order, decree, or warrant otherwise expires or becomes invalid pursuant to law.

History.--s. 11, ch. 2000-258; s. 4, ch. 2001-154; s. 3, ch. 2005-241.

 

[Chien]

Thanks Kanchazi, but, in a sense, I think you make my point. No offense FL legislators, but you seem to have a messy statutory scheme.

Kanchazi, your citations address duration and renewal of judgment liens. They omit reference to the two questions raised by the OP – execution of judgment and renewal of judgment. Not that I could do any better and said so.

And, the reference in your citation says that liens become invalid 5 years after the filing of the lien certificate. FL has consolidated it’s lien data base with the Secretary of State (part of the legislative change I referenced in the prior post). It’s not obligatory to file for your lien when judgment is entered, so what if you wait?

55.07 Judgments; effect of failure to record.--The failure to record any order, judgment or decree shall not affect the validity of any proceedings had thereon when collaterally attacked; provided, rendition of such order, judgment or decree is shown by the progress docket in the cause. This section shall apply to all proceedings heretofore had as well as to those hereafter had.

You cite sect. 55.204, which says a judgment lien acquired under sect. 55.202 becomes invalid 5 years after the filing and sect. 55.081, which says a lien shall expire 20 years from the date of entry of judgment, subject to the provisions of sect 55.10.

Sect. 55.10 says:
(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. If the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 7 years from the date of the recording. If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years from the date of the recording.

Neither of us practices in FL, I believe. I’m not criticizing you. I read what you cited and, to me, none of it answered the OP’s questions except about the duration of a judgment. I didn’t find anything about the renewal of a judgment on the sites containing the Statutes or any others and am concluding it isn’t renewable; I don't know. The sections that I cited seem to conflict with or omit reference to what I still believe is the law with respect to execution (the life of the judgment - as referenced by draygnmage), and the sections you cited pertain to judgment liens and are as clear as mud. I fault the legislature for that and case law for not trying to clarify what the court may have found to be a mess as well.

 

[Kanchazi]

here is the complete list of Statutes for judgments

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0055/titl0055.htm&StatuteYear=2007&Title=->2007->Chapter 55

 

[Chien]

Yes. Aside from duration of judgment, did you find anything that answers the OP's questions or that changes what has been posted?

 

[Kanchazi]

I think this is at least part of the answer

(3) At any time within 6 months before or 6 months after the scheduled lapse of a judgment lien under subsection (1), the judgment creditor may acquire a second judgment lien by filing a new judgment lien certificate. The effective date of the second judgment lien is the date and time on which the judgment lien certificate is filed. The second judgment lien is a new judgment lien and not a continuation of the original judgment lien. The second judgment lien permanently lapses and becomes invalid 5 years after its filing date, and no additional liens based on the original judgment or any judgment based on the original judgment may be acquired.

 

[Chien]

Well, that's still dealing with a judgment lien, which can create a lien on property but has no necessary relation to execution and no relation to duration of judgment, except that the lien won't exist past the life of the judgment. The discussion of liens is becoming circular, and 'tho I think originally intended to respond to the OP's questions, hasn't yet. Valiant effort, but I propose that we conclude it.
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Edit: Not to be dismissive, but I think we've beaten judgment liens to death and the OP never even asked. Your last cite basically says, if you allow a lien to lapse, you can't get another, even if the original judgment survives. What continues to bother me is that it goes on to say that you also can't get one for any judgment based on the original judgment [that] may be acquired. To me, that clearly implies renewal, which was one of the OP's questions, and I haven't found anything addressing it.

 

[Chien]

OP, Kanchazi - I think you can renew during the 20-year life of the judgment and I think the authority is F.S. 95.11.
That's a SOL that allows action to be taken on a FL judgment within 20 years of it's creation. And that seems to have been the tricky part - it's not a renewal, it's a creation (as in creation of a new judgment from the old judgment). Semantics apparently plays a role here.
There is FL case law to the effect that you can domesticate that judgment up to the 20 years. That would give it life in another state for the FL duration of 20 and whatever the SOL for judgments in the new state might add. I still haven't found case law concerning a FL renewal, but it follows for me that if you can create in another state, you can create in FL. If I'm wrong, someone else can find the answer. If I'm right, that could be some long judgment.