How to Contest a Surplus Fund Claim Filed by Someone Else
Focuses on objections, fraud prevention, and the formal legal process to dispute a filed claim.
How to Contest a Surplus Fund Claim Filed by Someone Else
If you’ve discovered that someone else has filed a claim for surplus funds you believe belong to you, it’s critical to take action — fast. Whether it’s a mistaken claim, a competing heir, or even outright fraud, Florida courts allow you to formally contest surplus fund claims.
This article explains:
When and why you should object to someone else’s claim
What legal steps you need to take
How the courts decide between competing claims
What to do if you suspect fraud or manipulation
What Is a Surplus Fund Claim? (Quick Recap)
Surplus funds are the leftover proceeds from a foreclosure or tax deed sale after all debts have been paid. If the property sold for more than was owed, that extra amount is held by the Clerk of Court (foreclosure) or Tax Deed Office (tax sale) until claimed by eligible parties.
Who Can File a Surplus Claim in Florida?
According to Florida Statutes (§45.032 and §197.582), the following parties may file:
The former owner of the property
Heirs or estate representatives (if the owner is deceased)
Lienholders with a valid, recorded lien
Assignees (with a valid assignment of rights)
But just because someone files a claim doesn’t mean they’re automatically entitled to the funds.
When Should You Contest a Surplus Claim?
You should consider filing an objection or contesting a surplus claim if:
You are the rightful owner or heir, and someone else filed without your knowledge
A creditor or third party filed a questionable or inflated claim
You believe the claim was based on fraud, forgery, or false representation
The claimant is an unauthorized company or recovery agent trying to intercept your funds
How to Formally Object to a Surplus Claim
Step 1: Review the Claim in the Public Court Docket
Visit the Clerk of Court in the county where the sale took place
Search for your case and read any filed surplus fund motions or assignment documents
Take note of the filing date, party names, and supporting documents
Step 2: File a Written Objection with the Court
Draft a formal Objection to Surplus Funds Disbursement or Motion to Intervene
Clearly explain:
Your legal interest in the funds
Why the competing claim is invalid or improper
Any documentation (deeds, probate filings, assignments, ID) supporting your right
Step 3: Serve the Other Claimant
Florida law typically requires that you notify the other party who filed the claim
A copy of your objection must be mailed or served to all involved claimants
Step 4: Request a Hearing (if needed)
In many cases, the court will schedule a hearing to decide who is entitled to the funds
Be prepared to present your evidence, legal basis, and any rebuttals to the opposing claim
Common Scenarios Where Objections Succeed
✅ A fake or invalid assignment of rights
✅ A company charging illegal fees over the 12% cap
✅ A claim filed in the name of someone who is not the rightful heir
✅ No probate filed when the property owner is deceased
✅ A judgment creditor who failed to perfect their lien on time
What If You Suspect Fraud?
If someone has filed a fraudulent claim:
Notify the Clerk of Court immediately
File a formal objection and request a hearing
You may also contact the State Attorney’s Office or a consumer protection agency if forgery or identity theft is involved
Don’t Wait — Timing Is Critical
If you delay in contesting a claim:
The court may disburse the funds to the wrong party
You may have to file a motion after disbursement, which is much harder
You may lose your chance to recover money that legally belongs to you
Need Help Contesting a Surplus Claim?
At Visionary Surplus Recovery, we:
Monitor court dockets for suspicious claims
Work with attorneys to draft and file formal objections
Represent rightful owners and heirs in contested surplus cases
Handle the full claim process with no upfront cost
📞 Think Someone Else Filed a Claim on Your Funds? Let’s Fix It.
We’ll investigate the case and defend your right to what’s yours.
👉 Start Your Free Case Review
Disclaimer: This blog is for educational purposes only and does not constitute legal advice. Please consult a licensed Florida attorney for case-specific representation.
