Judgment Lien Renewal in Florida

Florida uses two separate judgment lien systems with different durations, renewal procedures, and filing locations. A lien on real property lasts 10 years and is renewed by rerecording with the county clerk. A lien on personal property lasts five years and is renewed by filing a second Judgment Lien Certificate with the Florida Department of State. Each system has different rules governing how and when a creditor must act to maintain the lien.

A creditor who misses the renewal deadline loses the lien entirely. The underlying judgment remains enforceable for 20 years, but without a valid lien the creditor loses its priority position against other creditors and its ability to force a sale based on the lien alone.

Real Property Judgment Liens

A judgment becomes a lien on real property when the creditor records a certified copy of the judgment in the official records of the county where the debtor owns property. The creditor must also record an affidavit containing the creditor’s current address either within the judgment itself or as a simultaneously recorded document. A judgment recorded without the required address does not create a valid lien.

The lien attaches to all non-homestead real property the debtor owns in that county at the time of recording and to any non-homestead property the debtor acquires in that county while the lien remains active. The lien does not attach to homestead property while the property retains its homestead status, but the recorded judgment remains on the property records and can become enforceable if the debtor abandons the homestead.

A real property judgment lien lasts 10 years from the date the certified copy is recorded. The creditor may extend the lien for one additional 10-year period by rerecording a certified copy of the judgment before the original lien expires. The creditor must simultaneously record a new affidavit with the creditor’s current address. The extension is effective from the date of rerecording.

The maximum combined duration of a real property judgment lien—including the original period and the renewal—cannot exceed the 20-year life of the underlying judgment under § 55.081. If the judgment itself expires before the lien renewal period ends, the lien terminates with it.

Personal Property Judgment Liens

A creditor obtains a lien on the debtor’s personal property by filing a Judgment Lien Certificate with the Florida Department of State. The certificate cannot be filed until the judgment is final, the time for rehearing has passed, no rehearing motion is pending, and no stay is in effect. A certificate filed before these conditions are met is permanently void.

The personal property lien covers the debtor’s interest in all personal property in Florida that is subject to execution. Since the 2023 Judgment Lien Improvement Act, this includes payment intangibles and accounts—meaning the debtor’s rights to payment for services rendered or goods sold. The lien does not cover fixtures, money, negotiable instruments, or mortgages.

A personal property judgment lien expires five years after filing. The creditor may file one renewal—a second Judgment Lien Certificate—within a window that opens six months before the scheduled lapse and closes six months after. No third certificate is permitted. After the second certificate expires, the personal property lien is gone permanently.

The critical difference from the real property system is that the renewed personal property lien’s priority resets to the date and time the second certificate is filed. If another creditor filed a competing lien between the original certificate and the renewal, that creditor moves ahead in priority. The original first-in-time advantage is lost.

Side-by-Side Comparison

Feature	Real Property Lien	Personal Property Lien
Governing statute	§ 55.10	§§ 55.201–55.209
Where filed	County official records	FL Department of State
Initial duration	10 years	5 years
Renewal allowed	One 10-year extension	One 5-year renewal
Renewal method	Rerecord certified copy + address affidavit	File second Judgment Lien Certificate
Priority on renewal	Maintains original priority	Resets to new filing date
Maximum total duration	20 years (tied to judgment life)	10 years (two 5-year periods)

What Happens When a Lien Lapses

A creditor whose judgment lien expires without renewal does not lose the right to collect the judgment. The underlying judgment remains enforceable for its full 20-year life, and the creditor can still pursue garnishment, levy by writ of execution, and proceedings supplementary.

What the creditor loses is the lien’s priority position. A judgment creditor who proceeds by writ of execution without a lien acquires a lien only at the time of levy and only on the specific property levied upon. That levy-based lien is subordinate to any judgment liens filed by other creditors before the levy occurs. In a situation involving multiple creditors, the loss of a properly filed lien can mean the difference between full recovery and receiving nothing.

Challenging a Judgment Lien Renewal

A debtor can challenge a creditor’s lien renewal on several grounds. The most common defenses involve procedural failures in the renewal process.

If the creditor rerecorded the real property lien without simultaneously filing the required address affidavit, the renewal is invalid. If the creditor filed the personal property renewal outside the six-month window on either side of the lapse date, the second certificate is void. If the underlying judgment was satisfied, vacated, or expired before the renewal was filed, the lien cannot be extended because there is no valid judgment to support it.

A debtor who discovers an improperly renewed lien can file a motion with the court to declare the lien void or file a correction statement with the Department of State for personal property liens. Clearing an invalid lien from the record is important because even a defective lien can interfere with the debtor’s ability to sell or finance property until it is formally removed.

Implications for Asset Protection

From a debtor’s perspective, the lien renewal calendar creates planning opportunities. A personal property lien that lapses after five years and is not renewed frees the debtor’s tangible and intangible personal property from that creditor’s claim. A real property lien that is not renewed after 10 years releases the encumbrance on the debtor’s non-homestead real estate.

Monitoring lien expiration dates is a practical component of asset protection planning. A debtor who knows that a creditor’s lien is approaching its expiration without renewal may be in a stronger position to negotiate a settlement or to restructure assets once the lien lapses. The creditor retains judgment collection tools, but without a lien the creditor’s leverage is significantly reduced.