Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: Current Florida law stipulates that a judgment can last up to 20 years, though creditors can seek renewals so that judgments can remain in effect indefinitely. SoloSuit provides some tips for how to handle debt as well as a way to respond to debt lawsuits to avoid default judgments.
In the Sunshine State, few things can cast a shadow like a court judgment. A judgment against you can give debt collectors and creditors certain power over your property and finances. But how long will this judgment hang over your head?
In the state of Florida, court judgments can last up to 20 years — though there are some stipulations surrounding this time limit. Here’s what you need to know about how judgments are handled in the state of Florida.
Respond to your lawsuit to avoid a judgment against you.
Only a court can establish a judgment against you. The judgment is a legal ruling that may result when a creditor or debt collector sues you to collect payment on your debt. If the court rules in the other party’s favor, the creditor will have certain rights over your property or financial interests, such as:
Seizing or selling your property to cover the debt
Garnishing your wages over time to repay the debt
Garnishing your bank account to pay off the debt
However, the court might instead issue a Stipulated Judgment, which will allow you to settle your debt for less than you originally paid. Your debt collector may also agree to a repayment plan that lets you resolve your debt over time, though you should expect to pay interest.
How long does a judgment last in the state of Florida?
According to Florida Statute §55.081, a judgment can be enforceable for up to 20 years. However, if a creditor has established a judgment lien against your property, it is only valid for 10 years. In order for the debt collector to enforce the judgment lien for the full 20 years, it must renew the lien for an additional 10 years.
Florida does not allow creditors to renew the 20-year judgment directly. Instead, the creditor must file a lawsuit on the original judgment to obtain a new one. But if it wins, the 20-year limit restarts, which means that judgments can last indefinitely, provided the court continues to side with the creditor.
Avoid judgments by responding to debt collection lawsuits
Once you have a judgment against you, your options are limited. That’s why your best course of action is to avoid the lawsuit altogether. SoloSuit can help. The minute you receive notice of a debt collection lawsuit, start using SoloSuit to draft your Answer.
An Answer is a legal response to a lawsuit, indicating your willingness to contest the lawsuit in court. Florida courts give you just 20 days to respond, so act fast. If you fail to file promptly, the court could render a default judgment in favor of your creditor. But if you file an Answer, you can buy time to develop a broader strategy and settle out of court.
Example: Jenny had been struggling to pay off her medical debt, so she was devastated when she received notice that a debt collection agency was suing her. Knowing that the clock was ticking, Jenny sought out SoloSuit. Using the online form, Jenny answered some basic questions and was able to draft an Answer, then had SoloSuit file it on her behalf. This way, she avoided a default judgment and was able to buy precious time that she later used to negotiate a lower settlement.
Unfortunately, you can’t always control whether you win or lose a lawsuit. If you have a court judgment against you in the state of Florida, here are some of your options.
Pay off your judgment
Your first and best option is to pay off the debt as quickly as possible. In fact, the faster you pay off your debt, the sooner you can start rebuilding your credit score. Paying in one lump sum can help you avoid interest, though you might be able to set up a payment plan to make life easier.
Just make sure that your creditor files a Satisfaction of Judgment with the clerk’s office once the judgment is paid. If it fails to do so, the court may award you money in return.
File for bankruptcy
What if you can’t pay the judgment at all? Filing bankruptcy may be an option. While it sounds scary, bankruptcy allows you to protect your most important assets from being seized. For example, Florida Statute §222.01 entitles you to exempt an unlimited amount of equity in your home.
However, this may be a last resort. Filing for bankruptcy can leave a serious mark on your credit for up to 10 years, and your other assets may not be protected from seizure.
Wait out your judgment
Eventually, the judgment against you will expire. Why not wait it out? This isn’t the worst option, especially since your home is protected from seizure. But there are some risks to this approach.
First, you’ll still be accruing interest on the debt. Some creditors may simply wait until you have the resources to cover it, then come after you all over again.
Second, Florida has a long period in which the judgment is still active. You could be facing 20 years with a judgment over your head — or if the court sides with your creditor, the judgment may remain enforceable for decades longer. That’s why it’s better to pay your debt and move on as quickly as possible.
Move on with life after a judgment
Florida residents have a long period in which a judgment remains active. Avoiding judgments is your best strategy, though another option is to pay down your debt as quickly as possible. Remember that the faster you eliminate this debt, the sooner you can rebuild your credit and move on with your life.
Sued for debt in Florida? Watch the following video to learn how to respond:
How to Answer a Summons for debt collection in all 50 states
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.