personal
To receover property damage in Florida the landlord must file a suit against the tenant. If the landlord wins he can collect using usual means of collecting on a judgment. If the tenant has property then a lien can be placed on it to satisfy a judgment. But if the lien is on a primary home then he cannot be forced to sell the home per homestead laws.
No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.No. A tenant has no ownership interest in the property and so the property is not available to their creditors.
A lien against the fee owner, or remainder person, will be subject to the life estate.A lien against the fee owner, or remainder person, will be subject to the life estate.A lien against the fee owner, or remainder person, will be subject to the life estate.A lien against the fee owner, or remainder person, will be subject to the life estate.
You need to state your case before a judge and get a judgment in your favor in order to obtain a judgment lien against another party. You have no power to place a lien on anyone's property.
If the person is your tenant then they don't own real property so there is no place for you to "place a lien". Placing a lien on a debtor generally means recording it in the land records so it attaches to any real property they own. You would need to bring a lawsuit in the appropriate court and if successful you would obtain a judgment lien for the amount owed. Generally, the judgment would give you the power to have the local sheriff sieze any property the person owns in order to satisfy the lien. The judgment could be served on the tenant's bank and the sheriff could take possession of their car. The sheriff's department could provide you with a more detailed explanation of what they could do on your behalf if you obtain a judgment lien. You need to determine if the amount owed is enough to balance the legal expense of a lawsuit and whether the tenant has any property worth taking.
Generally, no. The possession of someone else's property for a debt is a "pledge" or "security agreement" that goes well beyond the mere obligation to pay rent. In other words, the tenant must AGREE to allow the landlord to have a security interest in the tenant's property. However, if the landlord has accrued moving and storage fees for the tenant's property, the landlord often has an automatic "lien" on the property for payment of those expenses, but not the overdue rent. When the landlord perfects the lien, holds a public auction and sells the tenant's property, the landlord can usually only keep the amount of profit (if any) that covers the expenses, unless there is also a court order that the tenant owes other rent, penalties, fees, interest, costs, etc.
A lien is possible but it could not be used as a forced sale for recovery of monies owed. The lien would stay valid until paid or the person whom the judgment was against died. The aforementioned does not relate to marital property as Florida law allows and presumes that a married couple holds real property as Tenancy By The Entirety and cannot be attached in any manner when only one spouse is the debtor.
Real or personal property that can be seized by a judgment creditor for repayment of the debt. In most US states garnishment is usually the first choice of executing a judgment, followed by bank levy or the seizure and sale of non exempt property (stocks, bonds, etc.) or a lien against real property.
A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.
There is a lien or was a lien on the property and the lien was sold to a 3rd party such as an attorney
The creditor will execute the judgment against the debtor's non exempt assets or property not the debtor's legal counsel. On the debtor.
Yes, you can get a lien on your homesteaded property in Florida. A court will put a lien on the property if money is owed in a judgement.