Legal Question in Credit and Debt Law in Florida
hot check
a purchase was made for $20,000 with a check. The check did not clear the account, insufficient funds.
Do I have a right to place a lien on a homestead property?
How do I go about it?
3 Answers from Attorneys
Re: hot check
In Florida, a worthless check letter required by a statute may be sent certified mail which allows the check writer 30 days to pay the check. If they do not, they are liable for 3 times the amount of the check, plus attorney's fees. If suit is then filed, and a judgment obtained, the judgment will be a lien against homestead. In other words, the person cannot re-finance or sell the home without paying the judgment off. However, since it is homestead, the judgment cannot be foreclosed like a bank mortgage in default. The judgment must sit there until one of the two above events occurs or the person passes away, etc... It does earn interest though.
Re: hot check
No. Even if you obtain and perfect a judgment it does not become a lien against the homestead property.
Re: hot check
No, homestead property is exempt from execution.
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