What is the name of your state (only U.S. law)? Florida
I am a judgment debtor in Florida. The judgment was entered in 2017.
(A). About the personal property: Based on § 55.204, Fla. Stat., A judgment lien certificate is initially valid for a period of five years. The creditor may extend the judgment lien certificate an additional five years by filing a second judgment lien certificate within six months before or six months after the initial judgment lien certificate is scheduled to lapse. No further judgment lien certificates may be filed after the second judgment lien certificate, meaning a lien on personal property arising from a judgment lien certificate may not encumber personal property for more than a total of ten years.
(B). However, § 55.205(1), Fla. Stat. states “A judgment creditor who has not acquired a judgment lien as provided in s. 55.202 or whose lien has lapsed may nevertheless proceed against the judgment debtor’s property through any appropriate judicial process. Such judgment creditor proceeding by writ of execution acquires a lien as of the time of levy and only on the property levied upon. Except as provided in s. 55.208, such judgment creditor takes subject to the claims and interest of priority judgment creditors.” Therefore, § 55.205(1) implies that during the life span of the judgment, the judgment creditor may enforce a judgment by, for example, obtaining a writ of execution and delivering it to the sheriff to levy on specific personal property belonging to the judgment debtor, even after that creditor’s judgment lien certificate has expired.
The claims in above paragraphs A and B are contradicting with each other or at least unclear. Could someone provide clarity on this matter?
(C). I am also totally confused on the total lifespan of a money judgment (or the period within which it may be enforced). For example, 55.081, Fla. Stat. states that the time period within which a creditor may enforce a judgment is limited to twenty years only. However, Florida courts have recognized that a creditor may bring an action within the twenty-year period to obtain a new judgment: Burshan, 805 So. 2d at 841; Marsh, 788 So. 2d at 355; Adams v. Adams, 691 So. 2d, 10, 11 (Fla. 4th DCA 1997).
The claims in Paragraph C are also contradicting with each other on the total lifespan of a money judgment. Could someone provide clarity on this matter as well?
I am a judgment debtor in Florida. The judgment was entered in 2017.
(A). About the personal property: Based on § 55.204, Fla. Stat., A judgment lien certificate is initially valid for a period of five years. The creditor may extend the judgment lien certificate an additional five years by filing a second judgment lien certificate within six months before or six months after the initial judgment lien certificate is scheduled to lapse. No further judgment lien certificates may be filed after the second judgment lien certificate, meaning a lien on personal property arising from a judgment lien certificate may not encumber personal property for more than a total of ten years.
(B). However, § 55.205(1), Fla. Stat. states “A judgment creditor who has not acquired a judgment lien as provided in s. 55.202 or whose lien has lapsed may nevertheless proceed against the judgment debtor’s property through any appropriate judicial process. Such judgment creditor proceeding by writ of execution acquires a lien as of the time of levy and only on the property levied upon. Except as provided in s. 55.208, such judgment creditor takes subject to the claims and interest of priority judgment creditors.” Therefore, § 55.205(1) implies that during the life span of the judgment, the judgment creditor may enforce a judgment by, for example, obtaining a writ of execution and delivering it to the sheriff to levy on specific personal property belonging to the judgment debtor, even after that creditor’s judgment lien certificate has expired.
The claims in above paragraphs A and B are contradicting with each other or at least unclear. Could someone provide clarity on this matter?
(C). I am also totally confused on the total lifespan of a money judgment (or the period within which it may be enforced). For example, 55.081, Fla. Stat. states that the time period within which a creditor may enforce a judgment is limited to twenty years only. However, Florida courts have recognized that a creditor may bring an action within the twenty-year period to obtain a new judgment: Burshan, 805 So. 2d at 841; Marsh, 788 So. 2d at 355; Adams v. Adams, 691 So. 2d, 10, 11 (Fla. 4th DCA 1997).
The claims in Paragraph C are also contradicting with each other on the total lifespan of a money judgment. Could someone provide clarity on this matter as well?
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