Re: Old JUDGMENT question

Posted by not true (24.88.34.92) on August 11, 2002 at 16:02:33:

In Reply to: Re: Old JUDGMENT question posted by Why Chat on August 11, 2002 at 15:16:30:

Read the statutes closer. (Title VI, 55.01, et seq.)

The lien statute does not affect the validity of the judgment itself, only the effectiveness of that particular filing of the lien. They can file another lien on a valid judgment, or correct the previously filed one.

Take a close look at this statute:

55.01 (2) Each final judgment shall contain thereon the address and the social security number, if known to the prevailing party, of each person against whom judgment is rendered. Errors in names, addresses, or social security numbers or failure to include same shall in no way affect the validity or finality of a final judgment.

It is NOT a requirement that the SSN of the defendant be known in order for a judgment to be valid.

Also look at this one:

55.205 (1)(in part) A judgment creditor who has not acquired a judgment lien as provided in s. 55.202 or whose lien has lapsed may nevertheless proceed against the judgment debtor's property through other judicial process.

And more importantly:

55.203(1)(b) . . . The last known address and the social security number or federal employer identification number of each judgment debtor if shown on the judgment itself.

The lien requires such information only if on the judgment itself. Cross reference that with 55.02.

And finally:

55.02 (5) A judgment lien certificate substantially satisfying the requirements of this section is effective even if it has minor errors or omissions that make the filing seriously misleading.

This requires that the judgment lien need only "substantially satisfy" the requirements.

poor lawyer, Esq.

Follow Ups:

Post a Followup