How Long Does a Judgment Last in Florida?
A Florida judgment is enforceable for 20 years from the date the court enters it. During that period, the creditor can use every collection tool Florida law allows, including wage garnishment, bank account levies, and seizure of non-exempt personal property. Statutory interest accrues on the unpaid balance for the full 20 years. At recent statutory rates, a $100,000 judgment can grow to over $250,000 before it expires.
Florida has no formal judgment renewal procedure. Once the 20-year period under § 55.081 expires, the judgment is dead unless the creditor filed a separate action on the judgment before expiration to obtain a new one.
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The 20-Year Enforcement Period
Florida Statute § 55.081 gives every money judgment a 20-year life measured from the date the judge signs the final judgment and the clerk enters it into the court record. The clock does not start from the date of service, the date of the underlying incident, or the date of any post-judgment collection activity.
A judgment does not need to be recorded to be valid or enforceable. Even without recording, the creditor keeps the full range of collection tools for the entire 20-year period. Recording matters only for creating a lien on real property.
The Florida Supreme Court confirmed the scope of this enforcement period in Salinas v. Ramsey (2018). Before that decision, some courts treated post-judgment discovery as a separate “action on a judgment” and applied a five-year statute of limitations under § 95.11(2)(a). The Supreme Court disagreed, holding that post-judgment discovery is part of the collection effort and remains available for the full 20-year life of the judgment. A creditor who obtained a judgment in 2010 can still compel discovery of the debtor’s assets in 2029.
Collection does not begin immediately after judgment entry. Florida allows a 10-day window after the judgment date for either party to file a motion for rehearing. Rehearing motions are rarely granted, but a pending motion stays enforcement until the court rules. Once the 10-day period passes without a rehearing request, the creditor can begin collection.
Judgment Liens on Real Property
Recording a certified copy of the judgment with the county clerk creates a lien on the debtor’s non-homestead real estate in that county. The creditor must record separately in each county where the debtor owns property. Only a certified copy creates a valid lien. An ordinary photocopy does not.
Real property judgment liens operate on a separate timeline from the judgment itself. A recorded judgment lien lasts 10 years from the date of recording. Before the 10-year period expires, the creditor can re-record the judgment to extend the lien for an additional 10 years. The combined lien duration cannot exceed the 20-year life of the underlying judgment.
If the creditor fails to re-record before the initial 10-year term runs, the real property lien expires. The underlying judgment remains valid and enforceable through other collection methods for the remainder of its 20-year life, but the creditor loses lien priority on the property. A new recording creates a new lien with priority only from the new recording date, behind any liens recorded in the interim.
Personal Property Judgment Liens
Personal property judgment liens operate under a different statute and a shorter timeline. A creditor creates a personal property lien by filing a judgment lien certificate with the Florida Department of State under § 55.202. This lien covers the debtor’s interest in all personal property in Florida subject to execution.
A personal property lien lasts five years. The creditor may file one renewal certificate within a window that opens six months before and closes six months after the original certificate lapses. No further certificates are permitted, so a personal property lien can encumber assets for a maximum of ten years.
The renewed certificate is treated as an entirely new lien, not a continuation of the first. Priority resets to the filing date of the second certificate. If another creditor filed a competing lien between the original and the renewal, that creditor takes priority over the renewed lien. The original first-in-time advantage is lost.
How Homestead Protects Against Judgment Liens
Judgment liens do not attach to a debtor’s Florida homestead property. The Florida Constitution exempts a debtor’s primary residence from civil money judgments, and this protection extends to judgment liens. A creditor cannot place a lien on homestead property regardless of how or where the judgment is recorded.
The protection has one critical limitation. If the debtor abandons the property as a homestead, any previously recorded judgment lien can attach. Abandonment occurs when the debtor moves out without intent to return. Renting the home to a third party and moving to a different primary residence generally qualifies as abandonment unless the debtor can demonstrate a genuine intent to reoccupy within a reasonable time.
A debtor who owns homestead property and is considering a move should evaluate whether any recorded judgments could attach once the property loses homestead status. The timing of a sale or move can determine whether the home’s equity remains protected or becomes exposed to lien claims.
Domesticated Foreign Judgments
A judgment entered by a court in another state must be domesticated in Florida before a creditor can use Florida’s collection tools. Domestication involves filing a certified copy of the foreign judgment with a Florida circuit court clerk under the Uniform Enforcement of Foreign Judgments Act (§§ 55.501–55.509).
The 20-year enforcement period for a domesticated judgment runs from the date the original court entered the judgment, not from the date of Florida domestication. A creditor who wins a New York judgment in 2020 and domesticates it in Florida in 2025 has until 2040 to enforce it.
The judgment must still be active when the creditor files for domestication. Florida’s borrowing principle under § 95.10 prevents domesticating a judgment that has already expired where it was entered. But once validly domesticated, the judgment remains enforceable in Florida for the full 20 years from original entry even if the originating state’s enforcement period expires afterward.
Post-Judgment Interest
Unpaid Florida judgments accrue interest at a statutory rate set by the Florida Chief Financial Officer under § 55.03. The CFO calculates the rate quarterly by averaging the Federal Reserve Bank of New York’s discount rate over the preceding 12 months and adding 400 basis points. The rate adjusts annually on January 1 for each outstanding judgment. Interest accrues as simple interest on the judgment principal. Florida courts do not compound post-judgment interest.
Simple interest on a large judgment still produces serious exposure over 20 years. At the current statutory rate of 8.25%, a $100,000 judgment generates $8,250 per year in additional liability. Over the full 20-year enforcement period, that same judgment could exceed $265,000 in total. The debtor’s exposure grows every year the judgment remains unpaid, which is why settlement negotiations often account for accruing interest as a pressure point.
Can a Creditor Get a New Judgment Before the 20 Years Expire?
Florida does not allow a judgment to be formally renewed after the 20-year period expires. But a creditor can file a new lawsuit, called an “action on a judgment,” on the original judgment at any point before the 20 years run out. If successful, this produces a new judgment with its own 20-year enforcement period.
A creditor who wins a judgment in 2020 and files an action on the judgment in 2035 could obtain a new judgment enforceable through 2055. The original 20-year clock does not limit the life of the new judgment. From a debtor’s perspective, this means a creditor who appears dormant for years can still reset the enforcement timeline with a single filing.
This mechanism is relatively uncommon because most creditors pursue active collection rather than filing a second lawsuit. But for large judgments where the debtor’s assets are currently protected, the action on a judgment gives the creditor a way to extend enforcement well beyond the original 20 years.
Four Ways to Eliminate a Judgment
A Florida judgment can be removed or rendered unenforceable in four ways.
Pay in full. The debtor pays the judgment amount plus accrued interest and any taxable costs. Upon satisfaction, the creditor is required to file a satisfaction of judgment with the court. If the creditor fails to file a satisfaction within 60 days, the debtor can petition the court to compel it.
Settle for a reduced amount. The debtor negotiates a lump-sum or structured settlement with the creditor. Settlement agreements should require the creditor to file a satisfaction of judgment upon receipt of payment. The creditor’s willingness to settle a judgment depends heavily on the debtor’s asset protection posture. A debtor whose assets are largely exempt has more leverage to negotiate a discount.
Discharge through bankruptcy. Most civil money judgments are dischargeable in Chapter 7 or Chapter 13 proceedings. Exceptions include judgments arising from fraud, willful and malicious injury, domestic support obligations, and certain other categories specified in 11 U.S.C. § 523(a).
Wait for expiration. If the creditor does not collect within 20 years and does not file an action on the judgment before expiration, the judgment dies permanently. Florida does not permit renewal after expiration. The risk of waiting is that the creditor can pursue collection at any point during the 20-year window, and the debtor’s financial circumstances may change in ways that expose previously protected assets.
Why a 20-Year Judgment Requires a Plan
A debtor who is currently judgment proof, earning exempt wages, holding exempt assets, and living in a protected homestead, may assume the judgment will never be collected. Twenty years is a long time to maintain that position. Over two decades, a debtor may start a business, receive an inheritance, acquire non-homestead real property, or accumulate savings in a non-exempt account.
The creditor can monitor the debtor’s financial position through periodic proceedings supplementary and fact information sheets, then resume active collection whenever new non-exempt assets appear. Florida’s judgment collection laws give creditors multiple tools to pursue non-exempt assets at any point during the 20-year window. For debtors with assets above the planning threshold, the more reliable approach is to evaluate whether proactive asset protection or a negotiated settlement offers a better outcome than passively waiting out the 20-year clock.
Alper Law has structured offshore and domestic asset protection plans since 1991. Schedule a consultation or call (407) 444-0404.
