When Does a Judgment Expire and How is a Judgment Renewed in Florida?

Full Question:

On a Final Judgment, how long do they stay active before they expire and need to be reinstated? and where do I reinstate a Final Judgment?Jesus
08/10/2011   |   Category: Civil Actions ยป Limitations   |   State: Florida   |   #25307

Answer:

A judgment lien acquired under s. 55.202 lapses and becomes invalid 5 years after the date of filing the judgment lien certificate.

Liens securing the payment of child support or tax obligations lapse 20 years after the date of the original filing of the warrant or other document required by law to establish a lien. Liens securing the payment of unemployment tax obligations lapse 10 years after the date of the original filing of the notice of lien. A second lien based on the original filing may not be obtained.

At any time within 6 months before or 6 months after the scheduled lapse of a judgment lien, the judgment creditor may acquire a second judgment lien by filing a new judgment lien certificate. We suggest calling the clerk of cour tat the court wher ethe judgment was issued for local procedures and any applicable filing fees. They may be able to supply you with a form. The effective date of the second judgment lien is the date and time on which the judgment lien certificate is filed. The second judgment lien is a new judgment lien and not a continuation of the original judgment lien. Therefore it will have a new priority date and be junior creditor in line to senior credtiors. The second judgment lien permanently lapses and becomes invalid 5 years after its filing date.

Please see the following Florida statute:

55.204 Duration and continuation of judgment lien; destruction of records.—(1) Except as provided in this section, a judgment lien acquired under s. 55.202 lapses and becomes invalid 5 years after the date of filing the judgment lien certificate.
(2) Liens securing the payment of child support or tax obligations under s. 95.091(1)(b) lapse 20 years after the date of the original filing of the warrant or other document required by law to establish a lien. Liens securing the payment of unemployment tax obligations lapse 10 years after the date of the original filing of the notice of lien. A second lien based on the original filing may not be obtained.
(3) At any time within 6 months before or 6 months after the scheduled lapse of a judgment lien under subsection (1), the judgment creditor may acquire a second judgment lien by filing a new judgment lien certificate. The effective date of the second judgment lien is the date and time on which the judgment lien certificate is filed. The second judgment lien is a new judgment lien and not a continuation of the original judgment lien. The second judgment lien permanently lapses and becomes invalid 5 years after its filing date, and additional liens based on the original judgment or any judgment based on the original judgment may not be acquired.
(4) A judgment lien continues only as to itemized property for an additional 90 days after lapse of the lien. Such judgment lien continues only if:
(a) The property was itemized and its location described with sufficient particularity in the instructions for levy to permit the sheriff to act;
(b) The instructions for the levy had been delivered to the sheriff before the date of lapse of the lien; and
(c) The property was located in the county in which the sheriff has jurisdiction at the time of delivery of the instruction for levy. Subsequent removal of the property does not defeat the lien. A court may order continuation of the lien beyond the 90-day period on a showing that extraordinary circumstances have prevented levy.
(5) The date of lapse of a judgment lien whose enforceability has been temporarily stayed or enjoined as a result of any legal or equitable proceeding is tolled until 30 days after the stay or injunction is terminated.
(6) If a second judgment lien is not filed, the Department of State shall maintain each judgment lien file and all information contained therein for a minimum of 1 year after the judgment lien lapses in accordance with this section. If a second judgment lien is filed, the department shall maintain both files and all information contained in such files for a minimum of 1 year after the second judgment lien lapses.
(7) This section does not extend the life of a judgment lien beyond the time that the underlying judgment, order, decree, or warrant otherwise expires or becomes invalid pursuant to law.