What is the name of your state (only U.S. law)? Florida
I have been a judgment debtor for around 17 years. I could not get relief from bankruptcy because the court in the original lawsuit found malice in my actions and awarded punitive damages to the judgment creditor. It is my understanding that, on or around 20 years, the judgment creditor can get a new 20 year judgment. My questions are:
(i). Whether this new judgment specifies the malicious actions and punitive damages OR it simply a judgment against me (without mentioning the malice and punitive damages) for $XYZ amount, where $XYZ is the initial judgment amount plus the interest accrued on it for the last 20 years or so? If there are no malice and punitive damages mentioned in the new 20 year judgment then I wish to file for Chapter 7 bankruptcy and would like to clear this new judgment once and for all and live the rest of my life peacefully. Please provide any additional information on how to get rid of this new judgment by filing for bankruptcy.
(ii). The judgment creditor placed a lien on a piece of land that I jointly owned by my wife in Florida and it is protected by tenancy by entirety, therefore I did not worry about the lien the creditor placed on this land for the last several years. If the creditor ever tries to sell or foreclose this land, does he need to legally inform me and/or my wife prior to such foreclose and give us a chance to file our objections OR can he sell or foreclose it without our knowledge? If he can sell or foreclose this land without informing us legally then I want to approach the court to remove the lien.
I have been a judgment debtor for around 17 years. I could not get relief from bankruptcy because the court in the original lawsuit found malice in my actions and awarded punitive damages to the judgment creditor. It is my understanding that, on or around 20 years, the judgment creditor can get a new 20 year judgment. My questions are:
(i). Whether this new judgment specifies the malicious actions and punitive damages OR it simply a judgment against me (without mentioning the malice and punitive damages) for $XYZ amount, where $XYZ is the initial judgment amount plus the interest accrued on it for the last 20 years or so? If there are no malice and punitive damages mentioned in the new 20 year judgment then I wish to file for Chapter 7 bankruptcy and would like to clear this new judgment once and for all and live the rest of my life peacefully. Please provide any additional information on how to get rid of this new judgment by filing for bankruptcy.
(ii). The judgment creditor placed a lien on a piece of land that I jointly owned by my wife in Florida and it is protected by tenancy by entirety, therefore I did not worry about the lien the creditor placed on this land for the last several years. If the creditor ever tries to sell or foreclose this land, does he need to legally inform me and/or my wife prior to such foreclose and give us a chance to file our objections OR can he sell or foreclose it without our knowledge? If he can sell or foreclose this land without informing us legally then I want to approach the court to remove the lien.