(1) Any lien created by a writ of execution which has been delivered to the sheriff of any county before October 1, 2001, remains in effect for 2 years thereafter as to any property of the judgment debtor located in that county before October 1, 2001, and remaining within that county after that date. As to any property of the judgment debtor brought into the county on or after October 1, 2001, such writs create no lien, inchoate or otherwise.
(2) If a judgment creditor who has delivered a writ of execution to a sheriff in any county prior to October 1, 2001, properly files a judgment lien certificate with the Department of State by October 1, 2003, the resulting judgment lien is deemed filed on the date the writ was delivered to the sheriff as to all property of the judgment debtor subject to execution in this state under s. 56.061 which is located in that county on October 1, 2001, and that remains continuously in that county thereafter. Priority of such judgment liens is determined as of the effective date they are considered to have been filed. As to all other property of the judgment debtor, the effective date of the judgment lien is as provided in s. 55.202. The duration of all judgment liens is as provided in s. 55.204.
(3) If a judgment creditor who has delivered a writ of execution to a sheriff in any county before October 1, 2001, does not properly file a judgment lien certificate with the Department of State by October 1, 2003, such writ is considered to have been abandoned and to be of no effect after October 1, 2003.
History.—s. 15, ch. 2000-258; s. 8, ch. 2001-154.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
55.01 - Judgments; General Form.
55.03 - Judgments; Rate of Interest, Generally.
55.04 - Judgments; Rate of Interest, Bonds of County, Etc.
55.05 - Judgments; Power of Attorney to Confess Invalid.
55.07 - Judgments; Effect of Failure to Record.
55.071 - Judgments; Effect of Invalid Affidavit or Oath.
55.081 - Statute of Limitations, Lien of Judgment.
55.11 - Judgments; No Lien Against Municipalities.
55.13 - Judgments; Rights of Sureties, Etc.
55.141 - Satisfaction of Judgments and Decrees; Duties of Clerk.
55.145 - Discharge of Judgments in Bankruptcy.
55.146 - Certain Property Exempt.
55.201 - Central Database of Judgment Liens on Personal Property.
55.202 - Judgments, Orders, and Decrees; Lien on Personal Property.
55.203 - Judgment Lien Certificate; Content, Filing, and Indexing.
55.204 - Duration and Continuation of Judgment Lien; Destruction of Records.
55.205 - Effect of Judgment Lien.
55.207 - Correction of Judgment Lien File.
55.208 - Effect of Filed Judgment Lien on Writs of Execution Previously Delivered to a Sheriff.
55.209 - Department of State; Processing Fees, Responsibilities.
55.501 - Florida Enforcement of Foreign Judgments Act; Short Title.
55.503 - Recording and Status of Foreign Judgments; Fees.
55.505 - Notice of Recording; Prerequisite to Enforcement.
55.507 - Lien; When Effective.
55.509 - Stay of Enforcement of Foreign Judgment.
55.601 - Uniform Out-of-Country Foreign Money-Judgment Recognition Act; Short Title.
55.604 - Recognition and Enforcement.
55.605 - Grounds for Nonrecognition.
55.6055 - Foreign Defamation Judgment.