Deltona, FL asked in Civil Litigation and Probate for Florida

Q: My exhusband received a judgement against me which I never paid. He passed away and my son is his executor as well as

Beneficiary. He won't try to enforce it. Is there a way it can be released on public records?

Related Topics:
2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: No. Judgments are public record and cannot be expunged or erased. The enforceability of a judgment ends after 20 years, but the record is permanent. If he wants to execute and record a satisfaction of judgment, indicating that it's paid or satisfied, he can do that, and that terminates the enforceability of the judgment. But the fact that the judgment was entered is permanent.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Probate Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Mr. Kaufman is 100% correct. I am writing this additional advice just to be sure you are aware of the possible consequences of your son issuing you some sort of forgiveness of the Judgment.

Judgments are lawful debts; and debts are treated just like loans. Forgiveness of a loan is treated the same as giving the debtor the money to repay the loan--or Judgment.

Accordingly, forgiveness of any lawful debt, loan or Judgment may give rise to a taxable event in the eyes of the IRS.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.