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2005 Florida Code - CIVIL PRACTICE AND PROCEDURE JUDGMENTSChapter 55
Disclaimer: These codes may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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United States District Court
Middle district of florida, timothy j. corrigan, chief united states district judge • elizabeth warren, clerk of court, search form, you are here, rule 1.05 - docketing and assignment.
(a) CLERK'S DOCKETING AND ASSIGNMENT. On receipt of an initial paper, the clerk must classify the paper as civil, criminal, or miscellaneous; assign the paper a distinct number; and randomly assign the paper to a district judge, a magistrate judge, or both. The clerk cannot change the initial assignment without an order from the judge or the chief judge. The clerk must report promptly to the chief judge an apparent attempt to evade the random assignment of an initial paper.
(b) VEXATIOUS LITIGANT. A judge can assign review of an initial paper from a vexatious litigant to the judge already designated to review the vexatious litigant’s filings.
(c) ACCEPTANCE OF A PAPER FROM A PERSON IN CUSTODY. The clerk must accept an initial paper from a person in custody even if no filing fee or motion for leave to proceed in forma pauperis accompanies the paper.
- Division of Corporations
The Division of Corporations is the State of Florida's official business entity index and commercial activity website.
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- Department of State
Forms & Fees
Judgment lien, your filing options.
File online with a credit card.
Complete the fillable PDF form using your computer.
- Print and sign it.
- Mail the document with payment to the Division of Corporations .
Print the PDF form.
- Complete it using blue or black ink.
When sending your document, do not include a copy of your judgment order or a self-addressed stamped envelope.
Information You Should Know
- Judgment liens on personal property in Florida are filed with the Florida Department of State.
- Filing with the Department of State serves as public notice that the creditor (the person who won the judgment) has a monetary judgment placed against the debtor (the person who owes the money).
- Florida law allows judgment liens to be filed a second time to extend the lien’s validity five more years. (See s. 55.201-55.209 , F.S.)
- You can search for liens on our website.
- If the debtor is a business entity, the debtor’s assigned Department of State document number is required.
- Writs of Execution are not docketed with the County Sheriff’s office.
Payment Options
- Make all checks payable to the Florida Department of State . Check and money orders must be payable in U.S. currency drawn from a U.S. bank.
- Credit cards accepted for filing online are MasterCard, Visa, Discover and American Express.
- File online: Processed in the order received. You will receive an acknowledgment email once the form is processed.
- File by mail: Processed in the order received.
- Judgment Lien Certificate (PDF)
- Second Judgment Lien Certificate (PDF)
- Judgment Lien Correction Statement (PDF) – The debtor adds a statement to the record; nothing in the database changes.
- Judgment Lien Amendment Statement (PDF) – Change or correct information previously filed; the database will reflect changes.
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Interest Rates
Judgment interest rates are established in accordance with section 55.03 , F.S. Historical interest rates are available.
Public Records Notice: Any information you submit on your document will be part of the public record and made available for public view on the Division’s website.
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Fla. App. Court (2nd DCA) Rules Florida’s Notice of Assignment of Debt Does Not Apply to Deficiency Actions
Home » Mortgage Banking Foreclosure Law » Foreclosure » Fla. App. Court (2nd DCA) Rules Florida’s Notice of Assignment of Debt Does Not Apply to Deficiency Actions
A copy of the opinion in Dyck O’Neal , Inc. v . Kami Ward is available at: Link to Opinion.
A borrower defaulted on her mortgage loan and the property was foreclosed upon and sold at a foreclosure sale. The judgment was then assigned to a debt collector, who filed a complaint against the borrower seeking a deficiency judgment.
The borrower raised as an affirmative defense the plaintiff debt collector’s alleged failure to comply with a supposed condition precedent under FCCPA section 559.715, which provides as follows:
This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default.
See § 559.715, Florida Statutes.
The borrower argued that she received notice of the assignment only 13 days before the deficiency action was filed instead of 30 days as supposedly required. The trial judge agreed and granted summary judgment in the borrower’s favor, from which the plaintiff debt collector appealed.
The Court of Appeal agreed with the debt collector’s argument that section 559.715 does not apply to deficiency actions.
Citing its recent ruling in Aluia v. Dyck-O’Neal, where the Court interpreted a provision of the federal Fair Debt Collection Practices Act (FDCPA) and explained that “[a] deficiency suit is not a ‘legal action on’ the note; it is an action on the final judgment of foreclosure. The final judgment of foreclosure is not ‘an obligation … of a consumer to pay money,’ nor does it arise from a business dealing or consensual obligation. The final judgment of foreclosure is a judgment in rem or quasi in rem which arises from the foreclosure proceeding.”
The Court reasoned that because the definition of “debt” in both the FCCPA and FDCPA are basically the same, and include the words “arising out of a transaction” with a consumer, its analysis in Aluia applied to the case at bar.
Thus, the Appellate Court concluded, “[i]t follows that a deficiency action is not an action to collect a consumer debt as contemplated by either act.” Because “a deficiency action is not an action to collect consumer debt, section 559.715’s [30-day notice] requirement …does not apply.
Accordingly, the trial court’s summary judgment ruling was reversed and the case remanded for further proceedings.
Published in FCCPA , FDCPA and Foreclosure
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IMAGES
COMMENTS
The 2023 Florida Statutes (including Special Session C) Title VI. CIVIL PRACTICE AND PROCEDURE. Chapter 55. JUDGMENTS. View Entire Chapter. 55.206 Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction.—. (1) An amendment to a judgment lien acquired as provided under s. 55.202 may be filed ...
55.206 Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction.-- (1) An amendment to a judgment lien acquired as provided under s. 55.202 may be filed by or on behalf of the judgment creditor of record, which may provide for:
Effective May 1, 2021, pursuant to In re Amendments to Florida Rule of Civil Procedure 1.510, 309 So. 3d 192 (Fla. 2020), Florida became the 39th state to adopt the federal summary judgment standard articulated by the U.S. Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v.
727.104 Commencement of proceedings.—. (1) (a) An irrevocable assignment and schedules shall be made in writing, containing the name and address of the assignor and assignee and providing for an equal distribution of the estate according to the priorities set forth in s. 727.114. (b) The assignment shall be in substantially the following form:
55.206. Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction. 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.
In MYD Marine, the judgment debtor failed to provide such a calculation, and the district court rejected the judgment debtor's argument that the assignment was inequitable. 21 The inference for judgment creditors is that if the value of the claim against the third party is less than the amount owed on the judgment, a court may be more ...
ASSIGNMENT OF JUDGMENT . For value received as required by section 320.781(7), Florida Statutes, I _____ _____, of _____ Florida assign and transfer to the State of Florida, Department of Highway Safety and Motor Vehicles, Mobile Home and Recreational Vehicle Protection Trust Fund, located at 2900 Apalachee Parkway, MS-60, Tallahassee, ...
The judgment lien certificate may be amended at any time by the filing of an amendment by or on behalf of the judgment creditor which may provide for 1) termination, partial release, or assignment; 2) continuation; 3) tolling and the termination of tolling as a result of bankruptcy of a debtor or other lapse of a judgment lien; and 4 ...
55.206 Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction.—. (1) An amendment to a judgment lien acquired as provided under s. 55.202 may be filed by or on behalf of the judgment creditor of record, which may provide for: (a) The termination, partial release, or assignment of the ...
Judgments in Florida are governed by Florida Statutes Chapter 55. A judgment is an order of a court that conclusively establishes that a party (person, business, or other legal entity) owes another party a specific amount of money. (this amount can be $0 - for those of you wondering) It is nothing more and nothing less.
Rule 1.05 - Docketing and Assignment. (a) CLERK'S DOCKETING AND ASSIGNMENT. On receipt of an initial paper, the clerk must classify the paper as civil, criminal, or miscellaneous; assign the paper a distinct number; and randomly assign the paper to a district judge, a magistrate judge, or both. The clerk cannot change the initial assignment ...
Liens are valid for five years from the original filing date. Florida law allows judgment liens to be filed a second time to extend the lien's validity five more years. (See s. 55.201-55.209, F.S.) You can search for liens on our website. If the debtor is a business entity, the debtor's assigned Department of State document number is required.
The Florida Assignment of Judgment to Attorney for Collection is a crucial legal tool that enables judgment creditors to streamline their debt recovery process. By transferring the judgment to an experienced attorney, creditors can offload the burden of collection and rely on the attorney's expertise to successfully recover what is owed to them
2018 Florida Statutes. Title VI CIVIL PRACTICE AND PROCEDURE. Chapter 56 FINAL PROCESS Entire Chapter. SECTION 29. Proceedings supplementary. 56.29 Proceedings supplementary.—. (1) When any judgment creditor holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment creditor may file a motion and an affidavit so ...
The District Court of Appeal of Florida, Second District, recently held that section 559.715 of the Florida Consumer Collection Practices Act (FCCPA) does not create a condition precedent that an assignee of a mortgage loan debt must give notice to the consumer 30 days before filing an action seeking a deficiency judgment. A copy of the opinion in Dyck O'Neal, Inc. v. Kami Ward is available ...
Justia › Forms › Florida › › › Miscellaneous › Assignment Of Judgment Assignment Of Judgment. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form.
(l) an original Assignment of Judgment is filed by the plaintiff prior to the sale, or (2) an original Assignment of Bid is filed by a successful bidder subsequent to the sale. All Assignments of Judgments made prior to the sale must be filed in the court file. H. Registry Fee
FORM 14. SATISFACTION OF JUDGMENT - CIRCUIT COURT. Whenever the entire amount due on a judgment, including interest, is paid in full, the holder of a judgment must execute a satisfaction of judgment and record the satisfaction in those counties where a certified copy of the judgment was previously recorded. Failure to do so may lead to a civil ...
When a note is conveyed, an assignment of mortgage is often recorded, which gives notice of the assignment and the assignee's right to foreclose. 8 In the absence of a recorded assignment of mortgage, when a note is conveyed, the mortgage follows the note into the hands of the assignee-holder who can still enforce them. 9 However, the better ...
Florida Assignment of Money Judgment is a legal process through which a creditor transfers their right to collect on a money judgment to another party, known as the assignee. This assignment allows the assignee to step into the shoes of the creditor and enforce the judgment on their behalf. By assigning the money judgment to another individual ...
Florida Assignment of Judgment is a legal process that allows the transfer of a court-awarded judgment from one party (the assignor) to another party (the assignee). This assignment empowers the assignee to assume control over the judgment and claim the amount owed by the debtor. This process is governed by specific statutes in Florida and ...
The state legislature added Florida Statutes Sec. 627.7152, which covered assignment agreements and required contractors to follow new rules to prevent them from taking advantage of homeowners and ...