Legal Question in Credit and Debt Law in Florida

Re: Validity of Judment after 18 years

Don't pay. Don't acknowledge the debt. The original judgment has a 20 year lifetime.

Re: Validity of Judment after 18 years

The filing is good for 20 years and can be extended.

Re: Validity of Judment after 18 years

Of course, it is a valid request to pay a debt, with or without a valid judgment. The laws generally govern limitations on lawsuits, garnishments or levy, credit reporting, etc. None of that makes a valid debt simply disappear, and certainly the creditor/collector can ask for payment for an indefinite time. The exception is bankruptcy.

Re: Validity of Judment after 18 years

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A certifified copy of a judgment can be recorded in the public records and will serve as a lien against real estate for a period of ten years. It can be rerecorded for an additional ten year period for a total of 20 years. As of this time, it has not been 20 years so if the proper procedure was followed, the judgment may still be valid. Your mom should consult a local attorney who can review the judgment and let her know if it is still good.

In the interim, she can request a copy of proof of the original debt which the collector is required to provide. If he/she cannot do so, they can no longer disturb your mom under the Fair Debt Collection Practices Act.

Scott R. Jay, Esq.