I sometimes hear clients, when being pursued by a creditor, say things like, “I have no money, so they’re not going to get anything out of me.“
I then ask, “What about in 5 years? Will you have money then? How about 10 years? Fifteen?”
If a creditor obtains a judgment against you, that judgment will remain collectible in Florida for — drumroll please — a whopping 20 years, which, frankly, is a very long time.
I have seen people forget about judgments that were obtained against them in their 20s, when they thought they had nothing and did not fight the lawsuit at the time. Years later they are quickly reminded of the lawsuit when their bank account is garnished. They remember that the initial issue was only for a relatively small sum, but realize that it has vastly increased because of interest, court costs, and attorney fees.
Section 55.081, Florida Statutes, provides in relevant part:
[N]o judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.
§ 55.081, Fla. Stat.
Therefore, unless you are prepared to face the garnishment of your savings, wages, or other property at any random time up through 20 years from now, do not ignore any summons, lawsuit, or other legal claim, because, years later, it may come back to bite you years later.
You will have options, and don’t let strangers on the internet, your neighbor, cousin, or even your BFF tell you what you should do. Speak to an attorney and learn what your real options are.
In sum, the the answer is: In Florida, a judgment can remain collectible for 20 years.
If you have received a summons in a lawsuit or other legal claim in Florida, feel free to call our office at 407-965-5519.
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