Our background and services include but are not limited to; asset investigation and physical asset recovery, outbound litigation campaigns for all commercial transactions, loan agreements, finance, contract disputes for non-payment, commercial landlord and tenant matters, distribution, manufacturing and wholesaler disputes, factoring, open accounts, and accounts stated, garnishments, pre-judgment and post-judgment replevin actions, domestication, and enforcement of foreign judgments, levy, garnishment and repossessions, fraudulent transfers and conversion claims and pre-litigation receivable management campaigns for all industries.
Domesticate a Foreign Judgment
Out of State Judgments: Florida Business Lawyer
When a judgment has been issued in another state, and the debtor resides in Florida, it is necessary to domesticate the judgment so that it can be enforced in Florida, and you can then collect what is owed on the judgment. The process by which a foreign (out of state) judgment becomes enforceable in Florida is governed by §55.501-55.509 of the Florida Statutes: "The term "foreign judgment" means any judgment, decree of order of a court of any other state or of the United States if such judgment, decree, or order is entitled to full faith and credit in this state." The statute allows you to collect on a judgment after a specific process is completed.
This process requires a Florida attorney for corporate parties. Attorney Jeffrey Needle practices can assist you if you have a foreign judgment and need to collect upon it in Florida.
Do you have an out-of-state judgment? You can execute the judgment in Florida.
The judgment must first be recorded in the County where the debtor lives or owns property. After the judgment has been properly recorded, the Clerk of Court will notify the debtor that your foreign judgment has been recorded. In most counties in Florida, you cannot initiate any collection action until 30 days after the notice has been sent to the debtor by the Clerk. The procedure on domesticating a foreign judgment varies somewhat within the state, in different counties. Most Florida counties only require that the fee is paid to record the out-of-state judgment, and the notification sent. Some counties have the requirement that the case is filed concurrently with the recording of the judgment. At our firm, we are familiar with the process, based upon the requirements of the county in which the debtor resides or owns property.
Executing the judgment will also vary based upon the county in which it is filed. In each county, to collect upon the debt, you must execute the judgment. There is also the legal option to file a lawsuit against the creditor, in which case it is unnecessary to undertake the other process. The Needle Law Group can assist you to resolve a judgment from out-of-state, and we are available to discuss your specific situation. We can then determine the best course of action for you, whether through the statutory method or though filing a lawsuit against the debtor.