Legal Question in Credit and Debt Law in Florida

Personal Judgement

I have a judgement against me personally 6.5 yrs ago,did not own any property at time, does that judgement get attached to any future property owned,i.e.house?


Asked on 12/21/03, 9:01 am

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Personal Judgement

If the judgment was properly perfected the answer is yes.

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Answered on 12/21/03, 10:39 am
David Slater David P. Slater, Esq.

Re: Personal Judgement

Yes, except Florida exempt property (i.e. homestead).

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Answered on 12/21/03, 11:52 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Personal Judgement

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Since 1994, all judgments which are properly perfected (which entails the recording of a certified copy with the clerk of the court) are good for a 10 year period against all property owned by the party. Certain items of property are excluded due to the homestead provisions of the Florida Constitution, however.

Most lendors will not give you a mortgage until judgments are cleared up so that they do not conflict with the mortgage.

I strongly suggest you consult with a real estate attorney who can review your situation and help you acheive your goals.

Scott R. Jay, Esq., 305-249-8000

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Answered on 12/21/03, 2:09 pm


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