Legal Question in Civil Litigation in Florida
civil case
Can your home be attached or taken in a civil lawsuit?
Asked on 9/08/08, 6:44 pm
2 Answers from Attorneys
William Gwaltney
William W. Gwaltney, Attorneys at Law
Re: civil case
If you have a judgment against you the creditor can file a certified copy of the judgment with the clerk of the court in the county where your home is located. It is possible for a lien to be placed on your house even if it is homestead property. However, in most cases a civil judgment creditor can not foreclose the property. In those cases the lien will be enforced when and if you sell the home.
This of course assumes that your home qualifies for homestead, and the judgment is nor for a debt secured by the homestead property.
Answered on 9/08/08, 8:22 pm
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: civil case
Generally not if it is your homestead, unless it is for the mortgage (like a forsclosure).
Answered on 9/08/08, 9:15 pm