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Judgment Lien Renewal

What is judgment lien renewal?

A judgment lien is a legal claim that a creditor has on the property of a debtor as a result of a court judgment for the payment of a debt. Under Florida law, judgment lien renewal refers to the process of renewing an existing lien placed on a property due to a judgment entered by a court. The purpose of the judgment lien renewal is to extend the time the lien remains in effect.

In Florida, a judgment lien has a limited lifespan of ten years from the date of its issuance by the court. Accordingly, the judgment creditor must renew the lien to keep the lien in effect beyond these ten years by filing a renewal affidavit with the Clerk of Court in the court responsible for the initial judgment. The renewal affidavit must be filed before the expiration of the original lien and must comply with all the requirements set forth by Florida law. The process of renewing the lien can be repeated multiple times, allowing the judgment creditor to continue to hold a claim on the debtor’s property until the debt is fully satisfied.

Need help renewing a judgment lien? Schedule your consultation today with a top accounts receivable and judgment collections attorney.

What legal issues typically arise related to judgment lien renewal?

The following circumstances are among the most common to judgment lien renewal:

  1. Expiring lien: By far, the most common instance involves judgment creditors seeking to renew a lien before the ten-year lifespan elapses.
  2. Unpaid debt: If the debtor has not paid the debt, the judgment creditor may pursue a renewal to keep the lien in effect and continue to seek compensation.
  3. Inactivity: If the judgment creditor has not taken any action to collect the debt for an extended time, a renewal of the lien may be necessary to preserve the judgment creditor’s legal claim on the property.
  4. Insufficient funds: If the judgment creditor has been unable to collect the debt due to the debtor’s insufficient funds, a renewal of the lien may be necessary to continue seeking payment beyond the initial ten-year period.
  5. Bankruptcy: If the debtor has filed for bankruptcy and discharges the debt, a renewal of the lien may be necessary to preserve the judgment creditor’s claim on the property.

What are relevant laws related to judgment lien renewal in Florida?

The key Florida Statute for judgment lien renewal is Section 55.10, which establishes the parameters of creating, enforcing, and transferring judgment liens on real property. Subsection 55.10(2) explicitly establishes that a judgment creditor may renew a judgment lien for an additional ten-year period upon filing an affidavit with the Clerk of Court in the original adjudicating court.

What is required to prove a case of judgment lien renewal in Florida?

Renewing a judgment lien requires procedural compliance with a variety of requirements, the most essential of which include the following:

  • Timing: A creditor must file for renewal within ten years before the original lien expires.
  • Renewal affidavit: The judgment creditor must file a renewal affidavit with the Clerk of Court in the county where the original lien was filed. The renewal affidavit must be signed and notarized. It must also contain the following information: the name and address of the judgment creditor and debtor, the amount of the debt, the date and case number of the original judgment, and a description of the property subject to the lien.
  • Recordation: After the creditor files the renewal affidavit, the Clerk of Court will record the renewal and update the index of liens.
  • Notice to the debtor: The judgment creditor must provide notice of the renewal to the debtor by serving a copy of the renewal affidavit on the debtor. In addition, judgment creditors must ensure they have sufficient information to locate the debtor to provide adequate service of process.
  • Fees: The judgment creditor must pay any fees required by the Clerk of Court to file the renewal affidavit and record the renewal.

When a set of facts is appropriate to meet the requirements of judgment lien renewal, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to ensure that the judgment lien renewal process complies with all requirements under Florida law.

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to judgment lien renewal in Florida?

The primary defenses to judgment lien renewal in Florida include the following:

  • Expiration of the original lien: If the original judgment lien has already expired, the renewal of the lien may be invalid.
  • Lack of notice: The judgment creditor must provide notice to the judgment debtor of the renewal. Without proper notice, the renewal may be invalid.
  • Improper filing or recording of the renewal: The judgment creditor must follow all procedural requirements for filing and recording the renewal.
  • Payment or satisfaction of the debt: The debtor may try to argue that they have either paid or satisfied the obligation, thus invalidating the renewal of the lien.
  • Lack of jurisdiction: In some circumstances, a judgment debtor may try to argue that the court that issued the original judgment did not have proper jurisdiction, which would invalidate the lien and, by extension, its renewal.

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Have more questions about a judgment lien renewal-related situation?

Crucially, this overview of judgment lien renewal does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.

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