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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I had suit from ISPC in 09 and a Judgement was granted to the

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I had suit from ISPC in 09 and a Judgement was granted to the company because I failed to show. I am and was in the Navy and could not make it there. Im currently going to other lawyers to modify my mortgage and I was wondering how hard it would be to reopen this case and have them remove the item off my property that I did not and do not want anymore?
Submitted: 3 years ago.
Category: Legal
Expert:  MShore replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. It would be difficult to arrive at the desired objective now because the judgment was entered against you. Were you stationed overseas when you were to appear?
Customer: replied 3 years ago.

No just overwhelmed and super busy with work constantly in and out of port and could not make it because I had to get underway and naive to the situation

Expert:  MShore replied 3 years ago.
Thank you, XXXXX XXXXX be very difficult to reverse the judgment now. This is because a failure to appear when a person is aware of the proceedings taking place is not a recognized basis to challenge a default judgment. What is the item that you no longer want on your property?
Customer: replied 3 years ago.
A water softner system. I called and asked them to remove it within the 30 days window but they have "no record of it" so I took it to court but when the second hearing came around I could not show up to the court that was in Tampa (i live in Jacksonville) because I was out to sea. Do you think it would be wise to just let them put a Lien other then the UCC 1 lien already there on my house and just let it expire, if indeed it expires?
Expert:  MShore replied 3 years ago.
A judgement lien does expire after 7 years, unless renewed. This is the applicable law: §55.10 Florida Statutes:

(1) A judgment … becomes a lien on real estate … when a certified copy of it is recorded in the official records … of the county … [in which the property is located] … AND IT SHALL BE A LIEN FOR A PERIOD OF 7 YEARS FROM THE DATE OF THE RECORDING.

(2) THE LIEN … IN SUBSECTION (1) MAY BE EXTENDED FOR AN ADDITIONAL PERIOD OF 7 YEARS BY RE-RECORDING A CERTIFIED COPY OF THE JUDGMENT … WITHIN THE 90-DAY PERIOD PRECEDING THE EXPIRATION OF THE LIEN PROVIDED FOR IN SUBSECTION (1).

The lien would have little tangible effect unless you want to sell the property. If you have not already done so you should consider trying to reach a settlement to satisfy the judgment to foreclose on the possibility of another lien though.

Please let me know if you need additional guidance.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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