"Zombie Debt" collection
(Lake City, Florida)
An attorney has recently obtained an order to proceed supplementary to execution of a lien against me recorded on 10/1/96 here in Florida. It is my understanding that the the debt may become a lien on my nonexempt real estate for a period of 7 years from the date of the recording of the lien which would be on 10/1/2003. The lien may be extended for an additional 7 years if it is re-recorded within 90 days prior to 10/1/2003. This recording was not done as required.
Can I use the defense that it was not re-recorded within the 7 year period?
Additionally, by law all old court documents were destroyed a few years ago, so no original documents exist. Shouldn't the attorney have to provide original documents to me to verify the debt as being real ?