Domesticate Foreign Judgment Florida
Do you find yourself in the middle of a Domesticate Foreign Judgment Florida issue? Perhaps, a debtor is refusing to pay the judgment, or possesses assets in another state. In cases of this nature, its crucial to enlist the services of an attorney who is knowledgeable in domesticating foreign judgments.
Not all states wield the same requirements and laws regarding domesticating foreign judgments. For this reason, it is important to know whether the state demands a creditor file a new lawsuit, or if the state adopts the Uniform Enforcement of Foreign Judgments Act (UEFJA).
Before the establishment of the UEFJA, a creditor facing an out-of-state judgment had to file an entirely separate lawsuit to domesticate the foreign judgment in Florida. The judgment would essentially begin from the beginning, recorded in Florida in order to file a lien on the debtor’s assets.
This process is now consolidated under the UEFJA, or FEFJA in Florida. Under the UEFJA, a creditor only needs to submit a certified copy of the judgment stemming from another jurisdiction with the Clerk of Court associated with the county where the debtor resides or holds assets.
The creditor must additionally file an affidavit stating the name and last known address of both the debtor and creditor. Once the court records submission of these documents by the creditor, the judgment then holds the same ramifications as a judgment ruled in the state of submission.
What this means is, a judgment submitted in the South Florida court system from another jurisdiction is now held under the same stipulations as if the case took place in Florida originally.
Domesticating a judgment is a difficult process without the right legal counsel by your side. The right attorney is the one who understands and wields experience in domesticating foreign judgments.
More Information about the FEFJA
Under the Florida Enforcement of Foreign Judgments Act, a debtor possesses the opportunity to obtain a stay of enforcement. This document essentially challenges the validity of the foreign judgment and is employed to by a debtor to delay or prevent domestication of a foreign judgment.
A debtor must file a stay of enforcement within 30 days after receiving notice of the judgment migration. The Clerk of Court disperses this notification to the debtor when the creditor files the judgment domestication.
The debtor can also file a lis pendens in reference to the foreign judgment. This is a written notice securing the right of property to the defendant should they prevail in the case. However, most creditors comply with Florida statutes and achieve domestication in these cases.
Although the debtor does wield this right to contest a creditor’s efforts to domesticate foreign judgment Florida, nothing from the original case, or the debt amount that is already ruled in another district is admittable by the debtor’s legal counsel.
Unfortunately, once the judgment is successfully domesticated by a creditor, a plethora of work remains to actually attain their property. The out-of-state credit must begin the post-judgment process anew after the domestication process is complete.
Nevertheless, when a creditor successfully achieves domestication in Florida, local statutory and law rules over the collection process.
Enlist a Qualified Professional – Domesticate Foreign Judgment Florida
The first step to obtaining a successful resolution in a judgment domestication is to contact the county clerk in the location where you attempt to domesticate the judgment in Florida. They will provide you with the necessary information to ensure you meet all documentation requirements to file your judgment.
The next thing to do is contact a qualified legal professional. A Florida attorney that is proficient and experience in domesticating foreign judgments in Florida is a valuable asset in your corner. They can navigate the legal bureaucracy and all but assure a positive outcome in your domestication.
Regardless if you represent a local creditor that needs domesticate a judgment to Florida, or an out-of-state company attempting to collect in Florida, an experienced law firm is vital.
A lawyer familiar with the FEFJA as well as the local court system will expedite your efforts. They ensure that any potential mistakes and roadblocks are avoided during the process.
Debt Collection Lawyer
For this reason, it is a wise decision to contact the Law Offices of Paul A. Humbert, P.L. Attorney Paul A. Humbert, Esq. founded his practice four years ago after previously working as an attorney for a large commercial litigation firm in Miami.
Paul established himself in the Florida community as a go-to legal counsel in the field of creditor’s rights and debt collection. National and regional banks, private lenders, debt buyers, and other businesses all turn to Paul for his expertise in their most complicated litigation matters.
Paul achieved outcomes concerning tens of millions of dollars of charged-off debt throughout Florida for his clients. He actively represents banks in their most complicated commercial foreclosure matters involving multi-million dollar sums.
He also extends this expertise on a National level as well, representing multinational corporations in litigation and other legal issues. His wide variety of litigation experience is additionally a resource for fraud victims, and credit damage litigants. He serves other aggrieved consumers and businesses alike.
Do not attempt to domesticate foreign judgment Florida alone. Hire a qualified, experienced attorney and achieve a swift and optimal outcome in your judgment domestication. The court system is a very confusing labyrinth of bureaucracy. There is no reason to go in without proper legal representation.
Paul is licensed to practice law in the following courts:
- Florida State Court
- United States Eleventh Circuit Court of Appeals
- Southern District of Florida Federal Court
- Southern District of Florida Bankruptcy Court
- Florida Middle District of Florida Federal Court
- Florida Middle District of Florida Bankruptcy Court