Judgment Liens on Property in Florida

You've got a court judgment, but how do you turn it into cash? One way is to put a judgment lien on the debtor's property. We explain how to do that in Florida.

By , Attorney University of Missouri–Kansas City School of Law
Updated 3/19/2025

You took someone to court and you won. Congratulations! Now you've got a piece of paper called a "money judgment," saying they (the judgment debtor) owe you money. What comes next? How do you—the judgment creditor—turn your judgment into cold, hard cash?

One option—if the judgment debtor owns property—is to put a judgment lien on it. That's our focus here. After a quick introduction to judgments and judgment liens, we turn our attention to the specifics of Florida law. These are some of the questions we'll answer:

  • What's the difference between a judgment and a judgment lien?
  • What kinds of Florida property can you put a judgment lien on?
  • How do you get a Florida judgment lien?
  • How long will your judgment lien last?
  • How can you turn a Florida judgment lien into money?

Before you begin, you might want to find out more about court judgments and how they're collected.

The Difference Between a Money Judgment and a Judgment Lien

Money judgments and judgment liens go hand in hand, but they're two very different things. A money judgment is simply a court order that says a judgment creditor is entitled to a sum of money from a judgment debtor. To collect that money, the creditor first must associate the judgment with—"attach" it to—property that's available to satisfy the debtor's obligation.

That's where the judgment lien comes in. In most states, once a money judgment is properly filed or recorded in the correct place, it attaches to the judgment debtor's property. As long as that property isn't exempt, it then can be sold in a process called "execution." After execution, the net sale proceeds get paid out to all creditors—including judgment creditors—who had valid liens on the property.

Florida's Judgment Lien Statutes

You'll find Florida's judgment lien statutes in Chapter 55 of the Florida Statutes. Our focus is on Fla. Stat. §§ 55.081-55.209 (2025), covering judgments entered by Florida state courts. If your judgment is from a federal court or a different state's court, Fla. Stat. §§ 55.501-55.509 (2025) explains how to enforce those judgments in Florida.

Judgments handed down by courts of other countries are covered in Fla. Stat. §§ 55.601-55.607 (2025).

How to Put a Judgment Lien on Florida Real Estate

In Florida, getting a judgment lien against real estate is straightforward. These are the three basic steps a judgment creditor must take.

Step 1: Get a Certified Copy of the Money Judgment

Go to the the court clerk's office for the court where the judgment was entered and ask for a certified copy of the judgment. The clerk will know what you want. They'll prepare a certificate saying that what's attached is an authentic copy of the money judgment, sign it, and affix the court seal. Typically, there's a nominal fee for the certificate.

Step 2: Check the Judgment for the Creditor's Address

Check to see if the judgment includes the judgment creditor's address. If it does, you're ready for the next step. If not, you'll need to prepare an affidavit with the judgment creditor's name and address, and attach the affidavit to the judgment and certificate. The affidavit must be notarized, and you'll pay a small fee for the notary's service.

Note, importantly, that you can't get a valid judgment lien unless the judgment creditor's address is in the money judgment itself, or in an affidavit that's attached to the judgment and recorded with it (see below).

Step 3: Record the Judgment in the County Recorder's Office

Take the judgment and court clerk's certificate (and, if applicable, the address affidavit) to the recorder's office in each county where you want to record the judgment. It might be called the "County Clerk" or the "Recorder of Deeds" office. Tell the clerk you want to record a Florida court judgment. They'll know what to do. Once again, you'll pay a nominal fee.

(See Fla. Stat. § 55.10(1) (2025).)

You can record the judgment in each Florida county where the judgment debtor:

  • owns real estate, and
  • might own real estate in the future.

Your Judgment Lien Is Good for Up to 10 Years

That's all there is to it. If you've done everything correctly, you have a judgment lien against the judgment debtor's real estate in each Florida county where you recorded your judgment. The lien is effective from the date of recording and remains good for 10 years, unless:

  • the judgment debtor pays it off before then, or
  • it's extinguished by the statute of limitations on Florida judgments (discussed below).

(See Fla. Stat. § 55.10(1), (3) (2025).)

You can extend the lien once by re-recording the certified judgment, together with an affidavit stating the judgment creditor's then-current address, before the original judgment lien expires. Like the original lien, your extended lien can last for up to 10 years from the date of re-recording. (See Fla. Stat. § 55.10(2)-(3) (2025).)

Your Lien Can Be Transferred to Other Security

Fla. Stat. § 55.10(5) (2025) lets anyone with an interest in the real estate post cash security or a bond with the clerk's office, and have your judgment lien transferred to that cash or bond. The amount deposited or bonded must at least equal:

  • the amount claimed in your judgment lien, plus
  • interest for three years, plus
  • $500 to cover future court costs.

Why might this happen? Most likely, because the owner wants to sell or transfer the real estate free of encumbrances, including your judgment lien.

If this happens, it can work to your advantage. Selling real estate in an execution sale might not yield enough money to pay your lien off completely—or at all. When cash or a surety bond is substituted to secure your debt, you've got a source of liquid funds you can look to for satisfaction.

How to Put a Judgment Lien on Florida Personal Property

A Florida judgment creditor can put a judgment lien on the judgment debtor's tangible personal property and some kinds of intangible personal property. Tangible property means things you can see and touch, like furniture, electronics, artwork, and jewelry. Intangible property includes (among other things) property that produces income, such as:

  • accounts receivable, meaning payments for services or sales of goods
  • rental income
  • royalty payments from, for example, mineral leases, or
  • payments under a settlement agreement.

Certain kinds of personal property aren't subject to a judgment lien, including:

  • fixtures, meaning personal property that's attached to and made part of real estate
  • money
  • negotiable instruments like a promissory note, and
  • mortgages.

(See Fla. Stat. § 55.202(2) (2025).)

File a Judgment Lien Certificate

A creditor gets a judgment lien on personal property by filing a judgment lien certificate with the Florida Department of State (DoS). The certificate can't be filed until the judgment is final. (See Fla. Stat. § 55.202(2)(b) (2025).)

Fla. Stat. § 55.203(1) (2025) spells out the requirements for the judgment lien certificate. The best way to make sure you provide all necessary information is to use the DoS online form. You're can e-file or, if you prefer, you can print the form, complete it manually, and mail it. Be sure to pay the required fee.

Your Judgment Lien Is Good for 5 Years

Once you've correctly filed a judgment lien certificate with the DoS, your personal property judgment lien is valid for up to five years from the date and time of filing. You're allowed to get a second judgment lien by filing a new certificate. The window to file a new certificate is between six months before and six months after the date the original lien lapses.

(See Fla. Stat. § 55.204(1), (3) (2025).)

As with real estate liens, a personal property lien will end sooner if it's paid off, or if the judgment statute of limitations (see below) expires.

The Statute of Limitations on Florida Judgments

A statute of limitations is a law that limits your time to file a lawsuit in court. Miss the filing deadline and, absent an extension that gives you more time, your claim is legally dead. If you file a lawsuit after the statute of limitations has run out, the party you're suing will ask the court to dismiss it. Most often, the court will have no choice but to grant that request.

Florida Has a 20-Year Statute of Limitations

In Florida, the statute of limitations on a lawsuit to collect a judgment is 20 years from the date the judgment was first entered. (Fla. Stat. § 55.081 (2025).) Because this time period seems to correlate neatly with the duration of a real estate judgment lien (10 years) plus an extension of that lien (another 10 years), it's tempting to think that a real estate lien plus its extension should automatically be valid for the entire statute of limitations period.

Not so. This example shows why.

Statute of Limitations Example

Say a court enters judgment in your favor on June 1, 2020. The 20-year statute of limitations for this judgment will expire on June 1, 2040. Now, suppose it takes you a little over a year to find out where the judgment debtor has real estate and to record your judgment in those counties. You take care of all necessary recordings on June 15, 2021.

Your original real estate judgment lien will lapse on June 14, 2031, so you re-record on June 10, 2031. Your extended judgment lien normally would be good until June 9, 2041. But remember: The statute of limitations on your judgment is up on June 1, 2040. Once the statute runs on your judgment, it automatically kills your judgment lien, too. Try to file a lawsuit to foreclose on your lien any time after June 1, 2040 and it almost certainly will be thrown out of court as untimely.

If you're unsure about the statute of limitations in your case, get advice from a Florida lawyer right away.

Florida Judgment Lien Priority

Having a valid judgment lien makes you a secured creditor, but that doesn't guarantee that you'll collect the money you're due. Why? Because as a general rule, Florida follows the "first in time, first in line" rule, meaning that earlier secured creditors get payment priority over later creditors.

An example will illustrate. Doe owns a Florida rental property. First National Bank has a purchase-money first mortgage with a balance of $250,000. Doe improved the property with a second mortgage having a balance of $25,000.

Sadly, Doe injured Smith and Jones in separate auto accidents. Jones got a judgment against Doe for $150,000 and immediately recorded a judgment lien in that amount. Smith later got a judgment against Doe for $75,000 and also recorded a judgment lien against the property.

Finally, Doe ran into financial hard times and quit paying both the first and second mortgages. This led to a property tax arrearage of $8,000. Assume that First National Bank foreclosed on its mortgage and the property sold at auction for $450,000. Who gets paid, and in what order?

It looks like this.

Creditor Amount Remaining Sale Proceeds
N/A - Sales Proceeds $450,000 $450,000
County Tax Assessor $ 8,000 $442,000
First National Bank $250,000 $192,000
Home Improvement Loan $ 25,000 $167,000
Jones Judgment Lien $150,000 $ 17,000
Smith Judgment Lien $ 75,000 $ (58,000)

Some liens, including those for unpaid property taxes and homeowners' association dues, usually jump to the front of the line, ahead of all other creditors. So, the unpaid property tax bill comes straight off the top.

Next in line are the purchase money and second mortgage lenders, who get paid in order of their priority. Jones and Smith come next, but Smith—as last in line—gets the short end of the stick. Smith will collect just $17,000 of their $75,000 judgment lien.

The moral of the story? Where you stand in priority as a judgment creditor is one factor that determines whether and how much you'll get paid on your debt. Note that similar (but often more complicated) priority rules apply to personal property judgment liens.

If you have questions about your lien's priority, speak to a Florida creditor's rights attorney.

How Do You Turn a Florida Judgment Lien Into Money?

There are three ways you might turn your judgment lien into cash. First, you can negotiate a settlement with the judgment debtor. Second, when you have a lien on real estate, you can simply sit tight, wait for the judgment debtor to sell or refinance the property, and see if they approach you to settle the debt. Third and finally, you might execute on your lien, forcing a sale of the property.

As a rule, the first two options will be preferable to the third. Here's why.

Negotiated Settlement

A negotiated settlement is likely to be the quickest and lowest-cost resolution. And it probably gives you the most control over the outcome, too. Yes, chances are you'll have to take less than the amount of your lien, but in the end, the final decision belongs to you. If you can live with something less, you collect the cash and get to move on.

Wait for a Sale or Refinance

You probably won't get paid anytime soon, which can be frustrating. But if you're willing to wait for the judgment debtor to sell or refinance their real property, then you stand a decent chance of getting paid. Why? Because a buyer or lender almost certainly will insist on clear title, meaning no judgment liens.

Odds are the judgment debtor will approach you to make a deal. But here—unlike a typical negotiated settlement—you've got the upper hand. If they want your lien to disappear, they've got to pay you what you're owed. If a buyer is willing to take the real estate subject to your lien, then the waiting game likely continues.

Execution Sale

Your last—and probably least attractive—option is to execute on your judgment lien. To do this, you'll have to get a special order called a "writ of execution." Then you deliver the writ to the county sheriff with instructions to sell the property.

What follows is a lengthy and sometimes convoluted process that eventually will result in a sale of the property at auction, unless the judgment debtor pays you off or files for bankruptcy first. If the judgment debtor files for bankruptcy, your only recourse is probably to file a proof of claim, sit back, and hope for the best.

Do your homework before deciding to execute. In particular, find out how much the property is likely to bring at auction, and make sure it'll be enough to pay you, at least in part.

Next Steps

While we've touched on the basics of Florida judgment lien law, there's much more we haven't covered. Navigating through the process of recording judgments, filing a judgment lien certificate, and sorting out confusing priority rules can be intimidating tasks.

If you have a judgment and you want to improve your odds of collecting, think about speaking to an experienced Florida creditor's rights or collection lawyer. This is someone who can assess your circumstances and recommend the best course of action to improve your chances of getting paid. They can also handle settlement negotiations and, if necessary, represent you in the judgment debtor's bankruptcy.