How to Domesticate an Out-of-State Judgment in Florida
January 29, 2016
Sometimes a Florida business needs to bring a lawsuit in another state against a supplier, customer, or other entity. If your business wins the lawsuit, you obtain a judgment. That judgment entitles you to collect a specified sum of money from the person or entity you sued. That person or entity becomes known as the “judgment debtor.”
Judgments become a lien upon certain kinds of property (primarily real estate) in the state where the judgment is obtained. Judgments also entitle you to pursue various collection efforts, such as seizing property or garnishing bank accounts that the judgment debtor keeps in that state where the judgment was granted.
But what do you do if you obtain a judgment in another state other than Florida against a judgment debtor that has assets in Florida? Out-of-state businesses that sue Floridians or Florida corporations in their home states have the same problem when they want to collect judgments from assets that are located in Florida. Fortunately, Florida law provides a solution to that problem.
Enforcement of Out-Of-State Judgments
To collect a judgment obtained in another state against a person or corporation with Florida assets, you must “domesticate” the judgment. That means you bring the judgment home to Florida.
You domesticate a judgment from another state by following the requirements of the Florida Enforcement of Foreign Judgments Act (FEFJA), which can be found at Fla. Stat.§55.501 et seq. As it is used in the FEFJA, “foreign” refers to any state other than Florida.
First, you must obtain a certified copy of the judgment from the court that awarded the judgment to you. Then, you must record the certified copy in the office of the clerk of the circuit court of any Florida county, which is usually where the debtor resides or where the debtor’s assets are located. Second, the statute requires you submit an affidavit with the clerk of court that states the name, social security number (if known) and last known address of the judgment debtor. Your affidavit should provide the same information about yourself. The clerk will notify the judgment debtor by mail that the judgment has been recorded. The judgment debtor has 30 days after notice is provided to challenge the validity of the judgment. If challenged, litigation may ensue over the objection(s). If it is not challenged, the recording has the same effect as a judgment that is issued by a Florida court and a creditor can proceed with enforcement and judgment collection procedures under Florida law, such as additional recording in other Florida counties, filing a judgment lien certificate with Fla. Dept. of State, proceeding with discovery in aid of execution, including depositions and issuing subpoenas to third parties, obtaining a writ of execution, seizing property by levy, garnishment, etc.
Legal Help
Both out-of-state creditors seeking to collect a judgment against a Florida debtor, and Florida businesses seeking to collect an out-of-state judgment from the judgment debtor’s Florida assets, will benefit from the assistance of a Florida attorney. A lawyer who is familiar with the FEFJA and with procedures followed by local courts can streamline collection efforts while helping creditors avoid mistakes that they might make if they try to domesticate a judgment without legal assistance.
To speak with one of our South Florida attorneys, contact Chane Socarras, PLLC at info@cslawfl.com or 561-609-3190.
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