Obtaining a Judgment Lien:
In order to acquire a judgment lien, one must fill out a judgment lien certificate with the Department Of State after the final judgment. A judgment lien certificate can be found on the website of the Department of State, www.sunbiz.org. You can fill out an online certificate or download the certificate to mail it in.
If one would want to amend or correct a judgment lien, they must file a correction statement with the Department of State.This correction statement must include the following:
-
name of judgment debtor and file number
-
specification that it is a correction statement
-
reason as to why the statement is believed to be wrong or inaccurate
-
indicate a correction to the said incorrect statement
In a judgment lien, not everyone can be affection for its filing. Those people include the buyer in certain situations. If the buyer is in an ordinary course of business. In this case, they are free of a judgment lien. If the buyer is an individual buyer who purchases good for family, personal, or household usage, and their seller held those goods for the same reasons as the buyer is purchasing them for (and who pays for the goods being ignorant to the fact that the goods are subject to a judgment lien), the buyer is entitled to the exact amount paid and a lien on the goods in which are superior to the judgment lien. It is important to keep in mind that the priority of a judgment lien is determined by its date (including the time) of a judgment lien certificate.
A recorded judgment lien will not last forever. There are two types of judgment liens – real property and personal property.
Judgment Lien against Real property:
If a judgment lien is recorded after the date of july 1s, 1994, then it is offered 10 years until it expires. In the event that the lien was recorded between the dates of July 1st, 198 and June 30th, 1994, the 7 years is given to that lien. However, an additional 10 years may be given to the liens given that a copy of the lien is provided before the expiration date with all the required information.
Judgment Lien against Personal property:
After 5 years of recording a personal property judgment lien, the lien has expired and invalid. By filing a new judgment lien with 6 months before or after the expiration date, a second judgment lien can be acquired to the creditor. However, this new lien is not an extension of the first one and only lapses and still becomes invalid after 5 years. For itemized property, 90 days after the lapse of a lien, the lien can continue but this is only for itemized property. If a continuation is requested, the property has to be described well, the sheriff has to have received a levy before the lapse date, the has to have jurisdiction of the time of delivery.