In the State of Florida, judgment records are files that contain the decisions of the state courts on matters that come before the court. A judgment is an official result after judges or juries hear and preside over issues between persons or organizations. A judgment aims to set out the parties’ rights, duties, and liabilities to legal action. The presiding judge often provides the reason for making a particular order.
Judgment records in Florida contain basic details, like the name of the parties, the presiding judge, case number, summary of facts and pleadings, date of entry, and others. The file containing the record is an official record. Like other Florida court records, individuals may access these records in the particular courthouse or court clerk offices where the case was tried.
What is a Judgment?
In The Florida Statutes there is no definition of the term “judgment.” Still, section 55.01 describes the general nature of a judgment as including all amounts that a person is entitled to, with no distinction as to whether the person is to recover the sums through damages or debts. It is not self-executing or an order for a person to pay another, but an official statement that the person owes the debt.
Section 55.01(2) further provides that the final judgment must contain the address and social security number of the person the court issues the judgment against if such information is available. Yet, if there is a failure or an error in inputting these details, it does not affect the validity of the judgment.
A judgment may come in several ways, but the most common formats are oral or written. An oral judgment arises where the court needs to issue a quick decision or reduce caseload. In contrast, a written judgment applies to more complex cases and contains the court’s issues, arguments, and evidence. In criminal cases, a criminal judgment may include jail time, fines to the state, or some other punishment.
Florida Judgment Laws
Chapter Five of the Florida Statutes outlines the applicable judgment laws in the state. The chapter regulates the general form of judgments, the rights of sureties, the rate of interest, the effect of failure to record the judgment, and other information. It also provides general guidelines on how a person can recover a judgment debt.
What is Judgment Lien?
A judgment or property lien in Florida is an instrument used to collect a court judgment. Section 55.202 of the Florida Statutes describes it as a document that secures the unpaid amount of any judgment. When the court issues a judgment, it often orders that one party to the suit pays the other money.
The judgment debtor often does not comply with the directive, and the court uses a judgment lien to ensure compliance. A judgment lien allows the judgment creditor to receive money from the proceeds of the sale of the debtor’s assets or property. Florida courts may attach a judgment lien to the debtor’s real property.
The courts may also attach liens to personal property like jewelry, antiques, art, and valuable articles. Before the courts can attach a lien, the creditor must file a Judgment Lien Certificate with the Department of State after the judgment becomes final and following the guidelines in section 55.203 of the Florida Statutes.
What is a Florida Summary Judgement?
In Florida, a summary judgment arises where there are no facts in dispute, based on statements and evidence, without trial. A summary judgment procedure is not a substitute for trial but to relieve parties from the burdens and expenses of litigation. Also, it saves the time of Florida courts, where other disputes need resolution.
The State of Florida, on December 31, 2020, amended the Florida Rules of Civil Procedure 1.510 that provides for summary judgment to adopt the federal summary judgment standard. Under the new Florida summary trial rule, there is a high burden on the party moving for summary judgment, and the party must show that no issues are remaining for trial.
If there is an inkling of doubt or conflict in the evidence, it is resolved against the moving party, and the court will not grant a summary judgment. Florida is the 39th state to adopt the federal procedure, and the change took effect on May 1, 2021.
What is a Summary Judgment Motion in Florida?
In Florida, a motion for summary judgment is an application by a party to a suit, seeking the court to grant a summary judgment. It contains the grounds on which the party seeks the judgment, and the court may grant it where the moving party shows no genuine dispute regarding material facts.
The moving party must also prove that such a party is entitled to judgment as a matter of law. After the court receives and pronounces the motion, it shall state on the record the reasons for granting or denying the motion. An interested party moving for summary judgment must serve the motion for summary judgment at least 40 days before the set hearing date. The other party responding to the motion must do so at least 20 days before the hearing.
The moving party must cite particular materials on record, like affidavits, depositions, etc., that show no genuine dispute or that the other party cannot produce sufficient evidence to support the facts. Also, the moving party must make the affidavit in support of the motion based on personal knowledge. If the moving party makes the affidavit in bad faith, the court may order the person to pay the other party reasonable expenses.
Florida Judgment Record Search
In Florida, members of the public are allowed access to official court records under the Florida Rules of Judicial Administration 2.420. These records include court judgment records, liens, and other documents that the courts keep concerning a case. Interested individuals may search and access any court record except those that are confidential and sealed.
Florida courts may deny public access to particular court records where there is a serious threat to the administration of justice. It can also deny public access if there are no other alternatives to closure. Aggrieved persons may seek legal counsel if such persons wish to challenge the order closing certain court records.
How Do I Look Up a Judgment in Florida?
One way to find court judgments in Florida is to visit the courthouse handling the particular case. Then, make an application requesting the records in writing from the clerk of the court, who issues the request form. Interested persons may find specific court locations on the Florida courts website.
Different counties in Florida also allow individuals to view court judgment records online. For instance, the clerk of the court for Washington County has a records department website dedicated to this purpose. Also, Broward County’s clerk of the courts has a case search portal that allows specific record searches. Individuals may also use third-party tools to locate the website and locations of the state’s various courts and clerk offices.
What Happens if You Have a Judgment Against You in Florida?
Once a Florida court enters judgment against a person, the person must fill out a fact information sheet or form 1.977 provided in the Florida Rules of Civil Procedure. The document requires the person to list out all assets, including the assets of the person’s spouse.
After this, the judgment creditor may make a formal request to find additional information on the debtor’s finances, including tax returns and bank statements. Once identified, the creditor may serve the bank with a writ of garnishment. It is one of the lawful collection processes for judgment debts. The creditor may file a writ of execution that permits the local sheriff to seize the property.
Another option is for the creditor to pay the judgment debt to the court or the judgment creditor or file for bankruptcy, where the situation applies. The judgment creditor may also settle the judgment debt from the debtor’s wages by issuing a writ of garnishment on the debtor’s employer.
How Do I Find Out if I Have Any Judgments Against Me in Florida?
A successful lawsuit often results in a judgment issued against one party in favor of another. It is rare but not impossible for a person to not know about a judgment given in a case where the person is a party. Even if a party doesn’t appear in court, the court sends a summons via mail or in person.
Interested persons may call the court using the information on the summons paper to find out about a judgment’s existence. Most times, the court will notify the person by mail about the judgment. If the person changed addresses, such a person might only find out when collection activity begins. Individuals may find out judgment information by searching through court records, county records, or third-party search services.
How Long Does a Judgment Stay on Your Record?
A Florida court judgment is an official court record and remains a public record forever. So, an affected individual cannot make an application after some years requesting the removal of the records, as applicable in criminal records expungement.
However, the judgment record stays on a person’s credit report for only ten years, from the date of entry or when the statute of limitation period runs out. Such a person may experience difficulty in getting credit facilities or renting an apartment. The only way to remove the judgment debt from a person’s credit record is to pay the debt and forward proof to relevant credit reporting agencies.
How to Enforce a Judgment in Florida
A judgment in Florida is like an IOU, indicating that one party owes the other. It acts as a lien on the debtor’s property, making the debtor unable to sell or mortgage the property. The responsibility of enforcing the judgment is on the judgment debtor, who may enforce it by executing the judgment.
One way to do this is by obtaining a judgment lien certificate from the Florida Secretary of State. The judgment debtor may then foreclose the property and settle the debt from the sale of the property. Another method is to obtain a writ from the clerk of the court. Chapter 56 of the Florida Statutes provides a writ of execution that allows the sheriff to execute the judgment on any debtor’s property subject to execution.
A good example of this is when the sheriff's office seizes a debtor’s vehicle, which mounts pressure on the debtor to pay up, or the Sheriff's office will order a sale of the vehicle at a public auction. The judgment creditor is allowed to proceed with the sale to settle the debt. Chapter 77 of the Florida Statutes then provides garnishment writs that enable the creditor to obtain money from certain third parties like the debtor’s bank or employer.
How to Collect a Judgment in Florida
The Florida Department of State provides guidelines on how to collect a judgment in Florida. The first thing to do is get a certified copy of the final judgment from the court that handed down the judgment. Then, the debtor may file a judgment lien which is valid for five years, but Florida law allows for an extension for an additional five years.
To collect a judgment debt from the debtor’s real property, the creditor must file a certified copy of the judgment in any county where the debtor has property. The creditor does not need to file this type of lien with the Department of State, and it lasts for ten years, extendable for another ten years. Once the sheriff's department sells the property at an auction, the department will pay the creditor first if there are no other liens against the debtor. Then, the remaining sum goes back to the debtor.
What Happens if a Defendant Does Not Pay a Judgment in Florida
In Florida, it is not a crime to owe a debt, and a person cannot go to jail for failing to pay a judgment in Florida. If a defendant doesn’t pay, the judgment creditor may use all available tools under the Florida Statutes and other relevant laws to collect the debt sum. For a defendant, failure or refusal comes with harsh consequences like the seizure of property or wage garnishment.
As long as a judgment debt is active, it will accrue interest, which leaves more money for the judgment debtor to pay. Also, judgments go on a person’s public record and credit reports and will negatively affect their credit score, making it difficult to access credit. The judgment also shows up on background checks, and potential employers may need to know about the situation.
What Personal Property Can be Seized in a Judgment in Florida?
Under Florida law, a judgment debtor may seize a creditor’s assets to collect a judgment debt, including tangible personal property like a safe deposit box, jewelry, and even home furnishings. The only exception is personal items that fall within an exemption like a rented or leased property, a person’s home, disability income, life insurance, etc.
In Florida, a judgment creditor cannot break into and enter a judgment debtor’s house to grab the person’s property without a court order. To also seize any of the person’s assets, the creditor must obtain a break order from the courts, which the court may issue even without warning to the debtor.
Florida Judgment Interest Rate
Section 55.03 of the Florida Statutes provides for statutory interest rates on all judgments entered in Florida. The interest rate is adjusted every quarter, and the Chief Financial Officer fixes and publishes the new rates. Interested persons may consult the website of the Chief Financial Officer of Florida to keep track of current interest rates and changes if any.
What is a Default Judgment?
If a defendant in a legal matter fails to show up in court or respond to court summons, the court may enter a default judgment against the person, ruling in favor of the plaintiff by default. The failure of the defendant to appear in court or obey a court order most times prevents the matter from being resolved.
As such, the court may enter a default judgment in favor of the complaining party. Although the defendant is absent, such a defendant is still bound to obey the court’s ruling on the default judgment and will face all following punishments.
How to File a Motion to Set Aside Default Judgment in Florida
A defendant may lose the matter entirely for failing to respond to a court process, and the court may issue a default judgment against the person. The entry of a default judgment in Florida often comes with money damages or other restrictions on the defendant.
However, under Rule 1.500(d) of the Florida Rules of Civil Procedure, the court may set aside a default judgment at its discretion. The party applying to set aside a default judgment must show good reason and must apply to set it aside within a reasonable time.
To begin the application, an interested person must file Form 12.922(c), a motion to set aside a default judgment, and sign it before a notary public or deputy clerk. The next step is to file the original copy with the court clerk that issued the judgment. If the court finds sufficient grounds to agree with the applicant, it will set aside the default judgment.
File Motion to Vacate Judgment in Florida
If a person wants to vacate or set aside the judgment of a court in Florida, such a person must move a motion to that effect. Rule 1.540(b) of the Florida Rules of Civil Procedure allows setting aside a final judgment on the grounds of mistake, surprise, new evidence that demands retrial, fraud, misrepresentation, etc.
If any of the above grounds apply to a person, such a person may file a motion to set aside the judgment. However, the applicant must file the motion reasonably to give it a priority before the courts. The motion should also contain reasonable grounds to make the court grant it. If these grounds are absent, the court may deny the motion.
Upon getting the motion, the clerk shall mail a copy of the notice to the judgment debtor, who may apply to foreclose the homestead. If the judgment debtor takes no action within 45 days of getting the notice, the law deems that the debtor does not plan to recover the debt sum from the property.
How to Remove an Abstract of Judgment in Florida
In Florida, an abstract of a court’s judgment is a judgment lien over real property that a debtor owns or may buy in the future. The abstract gives the creditor a legal interest in the property, preventing the owner from selling or mortgaging the property. Section 222.01(2) of the Florida Statutes provides the procedure for removing an abstract or judgment lien concerning a person’s homestead.
Under the section, the person may file a notice of homestead in the county’s public records where the property is located. The effect of the notice is to state that the property is exempt from legal executions. Another way to remove a judgment lien is to pay the debt sum.
How Long is a Judgment Good for in Florida
Once a court hands down judgment in Florida, it creates a lien on the judgment debtor’s property, to last for ten years at a stretch. However, the person that obtained the judgment may apply for an extension under section 55.10(2) of the Florida Statutes before the ten-year period expires.
Judgments regarding civil matters in Florida last for twenty years, and after that, it expires. The law will no longer bound the judgment debtor to pay the debt. An extension of the 10-year lien period allows an individual to benefit from the twenty years.
If the judgment debt is still unpaid, at a time close to twenty years, an individual may bring an action to obtain a new judgment in the same court. The effect of this is to extend the former judgment for an additional twenty-year period, and the person is entitled to the new interest rate for that year.
Florida Judgment Statute of Limitations Law
The statute of limitation law for Florida judgments is enshrined in section 55.081 of the Florida Statutes. Under this law, judgments, orders, decrees of the court on real and personal property in Florida become dormant or expire after 20 years. The counting of the twenty-year duration begins from the date of entry of the judgment, order, or decree.
