REAL ESTATE LAWYERS – JUDGMENT COLLECTION
JUDGMENT COLLECTION LAW IN FLORIDA
Before the Clerk of the Court will issue any writ of execution or garnishment on any judgment in Florida, the clerk will review it to make sure it i valid and enforceable. In order to be enforceable, the judgment must not only contain certain language as per Florida Statutes, but must also be recorded in a certain manner in order for it to be valid.
MONEY JUDGMENT
The clerk of court is sometimes confused as to what kind of judgment it is dealing with. Typing the words Money Judgment on the actual heading of the Judgment helps wout and helps avoid confusion and helps expedite the issuance of the writ.
SPECIFY THE DEFENDANT
Generally, the clerk will not issue a writ of garnishment or execution if the judgment does not specifically name the defendant against whom the judgment is entered. It is proper to list as: Defendant JOHN DOE, owes X this amount. Merely stating Defendant owes X doesnt expedite matters and may require correction.
ALWAYS INCLUDE THE ADDRESS OF THE PLAINTIFF
The address of the attorney or the firm representing the Plaintiff is insufficient. It must list the Plaintiff address so that the judgment becomes a lien against real property of the judgment debtor that is located within that county. If you fail to include the address, then you should file an Affidavit with a certified copy of the judgment in order to create a lien on the judgment debtors real estate and property.
RECORD YOUR FINAL JUDGMENT WITH THE SECRETARY OF STATE AFTER THE TIME TO MOVE FOR REHEARING HAS LAPSED
This can be done online at Sunbiz.org and takes five minutes, and guarantees that you will create a judgment against personal property of the debtor.
At the Law Offices of Jacqueline A. Salcines, PA, we have been helping judgment holders collect on their judgments for over 21 years. We are well versed in litigation, pre and post judgment and are here to help with your judgment collections.
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