judgements and OJ

[junker]

I dont understand too much about judgements here in Florida, as my situation seems similar to OJ Simplesons. i have a judement from California, i live in Florida and am 1/2 owner of a home. i have a exempt pension. i read that simpsons pensions cant be attached in Florida. also he owns a home here.which is protected. my creditor which now has the judgement called to say they were going to lien my property, i called the courthouse and they say they can do this. then why dont the Goldmans lien Simpsons house? one more question. if i file bk, and obviously include the judgement,i understand you have to go back after a year to have the Judge remove it. does this mean it is unenforcable even though it stays on credit report for a year? or is it still enforcable during the year wait? by the way, the original holder of the judgement didnt bother to do anything not even call, after he found out i moved to Florida, and it has been almost 3 years. this new guy threatened even to attach bank account even when i told him all i had was exempt funds in there. thanks

[CindyLou]

They can put the lien but they doesn't mean they will ever get anything, right? they can lien all they want but if its exempt then its exempt. I'm sure the Goldmans have all kind of liens on OJ but if the property is exempt that is why that haven't gotten any money and that is exactly why he lives in Florida!

[junker]

re

My understanding from the courthouse, is that if you sell your home then judements will be paid. i also asked a title company about this, they said they would have to satisfy any judgment lien before payout upon selling the home

[keepmine]

Do you have your home properly homesteaded? My understanding from some other boards is, a lein can't be filed on homesteaded property in Fl. Instead of asking a clerk or an internet message board, I'd suggest you speak with a local attorney and find out once and for all.
Also, a judgment is unenforceable once a bk is filed and discharged.

[CindyLou]

exactly. the judgement could then be vacated and the lien removed, right? I'm sure Oj files every 8 years or so!!! he has all his money in protected retirement accounts and homestead exememptions.

[junker]

the way i understood it is, altho they cannot force you to sell your home to satisfy the lien, as i think they can in some other states, the lien can be put on in your county of residence. if you try to sell home without a bk then they have to be paid, IF the lien is put on in my county. if the judgement just shows on the credit report then i dont think they have to be paid. also the home is properly homesteaded, and as i mentioned, i am half owner, i think there are complications with that also as far as liening just me

[keepmine]

OJ has never filed for bk. Debts and judgments due to criminal activity can't be discharged in bk.
The half ownership does complicate things for a judgment creditor since, Fl. is a Tenacy by the Entirety state.
Again, junker, spend a few bucks on a lawyer and see exactly where you stand.

[CindyLou]

I don't know whether he filed or not but his judgement was completely civil. He was never convicted of a crime. (now don't jump on me here, I didn't say he's innocent...lol)

[keepmine]

He was never convicted of a crime. (now don't jump on me here, I didn't say he's innocent...lol)

Doesn't matter. The basis of the civil suit was he commited murder. He'll never be able to discharge that judgment.

[B12]

Tenancy by entirety can only be held between husband and wife.
You can hold joint property by any of the tenancies available in Florida, but in the absence of a stated tenancy, a tenancy by entirety is assumed between husband and wife.

Comes from old English law, and still applies in some jurisdictions in the USA, including Florida. Even England has abolished it.

[junker]

the deed lists myself as a single man with her a single woman as joint tennants with right of survivorship.

the title company i talked to about this is actually a lawyer, altho i didnt talk to him personally i talked to his secretary or para legal. but i will talk to another attorney

[leftyf]

Junker,
What year did you win the Heisman?

[B12]

My broker experience is mainly from up north, but I do believe the only thing different in Florida, where I now live, is the protected homestead and the assumed tenancy by entirety.

You are right about the info you got from the title company.

The way your property is titled now means that if one of you dies, the other one gets the property regardless of any wills. Creditors can divide and place liens on your half. With tenancy by entirety, for husband and wife only, creditors cannot divide and place liens.

In Florida, liens can be placed on your property, but there can be no forced sale. If you sell, you will need to pay the judgements out of your half of the proceeds.

If you declare BK, the liens are demolished.

Hope that helps.

[CindyLou]

I was a little curious. So I did a Pacer search South Florida. He filed on 4/13/07. Chapter 7..but they converted him to a chapter 11! Case info below. Ron Goldman (represented by his father Fred) is listed as a creditor!!!!!!!!! See for yourself. Crazy!! You can search by the case number or just type in Simpson and scroll down to the O's.

07-12641-AJC Lorraine Brooke Associates, Inc.
Case type: bk Chapter: 7 Asset: Yes Vol: v Judge: A. Jay Cristol
Date filed: 04/13/2007 Date of last filing: 09/12/2007

[CindyLou]

So reading more into it it look like this is one of his "corporations"...hmmm....intresting reading on a sat. night...enjoy.