Legal Question in Credit and Debt Law in Florida

I have a situation whereby a creditor has a recorded lien against me that is no longer valid because of the statute of limitations. When I contacted the creditor they stated that they will not give a release of lien, but if I file for a declaratory judgement to have the lien released they will not respond nor challenge it.

Apparently this is a tactic to delay the release as long as possible. How is this declaration processed? Is there a legal form? Can it be done without an attorney?


Asked on 6/02/11, 5:41 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you contact an attorney. If you file anything in writing to these people or agree to make any payment, the time may begin to toll again and therefore the SOL will be effective.

If the lien is truly no longer valid, that they did not file an extension of record, then ask the clerk of court what you can file to remove it.

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Answered on 6/02/11, 6:39 am


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