The life of a money judgment in Florida is limited - for only some purposes.
Florida Bar Journal › Vol. 79 Nbr. 7, July 2005
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The life of a money judgment in Florida is limited - for only some purposes.
Virtually every lawyer in Florida will tell you that the life of a money judgment (1) in this state is 20 years. (2) Extensive research reveals no judicial or scholarly opinion to the contrary; but that statement is only partially accurate. Presently there is a Florida statute that limits judgment liens to 20 years, (3) and there is a Florida statute that limits "actions" on certain judgments to 20 years and other judgments to five years. (4) There is, however, no statute or court rule that places a time limit on the execution of judgments. There are district court decisions stating that executions are limited to 20 years, but they are incorrectly decided; (5) and there is no Florida Supreme Court decision on point.
This article is an attempt to prove the proposition that under present law there is no time limit on which a judgment in Florida may be executed. Three Options of the Holder of a Money Judgment The holder of a money judgment (6) has three options as to how to use the judgment. The first option allows the judgment-creditor to obtain a lien against the judgment-debtor's real and personal property. We may call this the "lien option." The second option allows the judgment-creditor to create a new judgment just prior to the original judgment becoming dormant. (7) We may call this the "creation option." (8) Lastly, the third option allows the judgment...See the full content of this document
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