Florida Florida Statutes

§ 55.202 — Judgments, orders, and decrees; lien on personal property

FS § 55.202Ch. 55

Statute text

(1)A judgment lien securing the unpaid amount of any money judgment may be acquired by the holder of a judgment:(a) Enforceable in this state under its laws or the laws of the United States;

(b)Entered by an issuing tribunal with respect to a support order being enforced in this state pursuant to chapter 88; or

(c)Enforceable by operation of law pursuant to s. 61.14(6).

(2)A judgment lien may be acquired on a judgment debtor's interest in all personal property in this state subject to execution under s. 56.061 and in all payment intangibles and accounts of a judgment debtor whose location is in this state as established by s. 679.3071, and the proceeds thereof, but excluding fixtures, money, negotiable instruments, and mortgages. As used in this subsection, the terms “payment intangibles,” “account,” and “proceeds” have the same meaning as in s. 679.1021(1).(a) For payment intangibles and accounts and the proceeds thereof:1. The rights of a judgment lienholder under this section are subject to the rights under chapter 679 of a secured party, as defined in s. 679.1021(1), who has a prior filed financing statement encumbering such payment intangibles or accounts and the proceeds thereof. 2. This section does not affect the obligation under s. 679.607(1) of an account debtor, as defined in s. 679.1021(1), except as the rights and obligations under this paragraph are otherwise adjudicated under applicable law in a legal proceeding to which the secured party and account debtor are joined as parties. (b)=A judgment lien is acquired by filing a judgment lien certificate in accordance with s. 55.203 with the Department of State after the judgment has become final and if the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stay of the judgment or its enforcement is then in effect. A court may authorize, for cause shown, the filing of a judgment lien certificate before a judgment has become final when the court has authorized the issuance of a writ of execution in the same matter. A judgment lien certificate not filed in compliance with this subsection is permanently void and of no effect but does not preclude the filing of a judgment lien certificate that is in compliance with this subsection.

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Legislative history

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