In Florida, the first step in enforcing a foreign judgment is what we call domestication. Although the term is widely known as “domestication of foreign judgment,” foreign in this connotation refers to a judgment originating in another jurisdiction. In many cases, a creditor must engage in a lawsuit regarding legal proceedings from another state against an individual debtor, or other entity.
If you went to court and obtained a positive outcome, you may feel that this is a substantial victory. Unfortunately, this rarely means that the work is done. Debtors often abstain from voluntarily paying their debt after the judgment. In this instance, you may need to pursue garnishing wages, levying assets, or other liquidation methods. However, how do you domesticate judgment Miami when the debtor moves to another jurisdiction?
To domesticate judgment Miami, numerous steps exist in a regulated and uniform fashion. This is not a particularly difficult process, especially when you wield informational evidence on your side. Once you domesticate judgment Miami into the correct, enforceable jurisdiction, you can pursue collection activities with the same legal ramifications as if it occurred there, to begin with.
Enforcement of Foreign Judgments – Domesticate Judgment Miami
Enforcing foreign judgments often proves somewhat of a burden for creditors seeking justice and assistance in reclaiming their lost assets. Some jurisdictions require that the creditor begins anew, filing an entirely new lawsuit within the new jurisdiction.
The good news is, in Florida, you can follow the set standards and practices outlined by the Florida Enforcement of Foreign Judgments Act. In the legal community, this is also known as the FEFJA. This act allows creditors to domesticate judgment Miami from another jurisdiction simply by providing proof of the judgment, the lasts known debtor’s address, as well as paying any necessary fees.
The act additionally offers a set regulatory procedure for a swift and efficient resolution to domestication cases. This circumvents the needless headaches and bureaucratic red tape that is commonly associated with filing an entirely new lawsuit.
How to Domesticate Judgment Miami
The first step to domesticate judgment Miami is obtaining a certified copy of the original judgment from the Clerk of Court in this jurisdiction. Once you obtain the judgment record, record this copy with the clerk in the county where you need domestication.
This additionally serves as the time to file an affidavit with the court concerning the judgment. This document will include the name, last know debtor’s residence, as well as your information. The clerk will then disperse a notice of the domestication action to the debtor by mail.
The debtor possesses a 30 day right to contest these legal actions in an appeal process. If they choose to respond, they can request a hearing to dispute the timelines or reputability of the new legal action. Nonetheless, this individual or entity is restricted to some specific legal defense strategies.
Their defense can demonstrate that the original ruling court lacked jurisdiction in the original judgment, or that the court did not adequately represent the debtor’s best interests. Any defense outside of these aforementioned scenarios is not permissible. This is because an original court already ruled on the case’s specific merits. The debtor and their legal representation cannot dispute the debt, the amount, or the judgment itself.
In an instance where the debtor does not respond in a timely fashion to the notice, proceedings continue as normal. This essentially proceeds as if the case wielded no defense representation whatsoever while imparting the same legal ramification as a finalized case in Florida court. Once the creditor obtains the judgment, they can place a lien against the debtor’s assets while beginning regulated debt collection actions.
Domesticate Judgment Miami with the Law Offices of Paul A. Humbert, P.L.
When you need a swift and efficient resolution, the legal assistance of a qualified attorney is necessary. They can help you define the specific requirements for filing in the particular state. Both out-of-state creditors that want to collect a judgment against Florida debtors, as local creditors that wish to obtain on an out-of-state defendant can benefit from professional legal services.
Lawyers possessing extensive knowledge and familiarity with the Florida court systems, in addition to the FEFJA, will expedite any collection efforts or actions. This legal professional will guide you through each step of the process, and help you domesticate judgment Miami. This additionally involves ensuring any potential mistake or pitfall is eliminated throughout the procedure.
The Law Offices of Paul A. Humbert, P.L. is a network of practicing attorneys that want to assist you with domesticating your judgment. Our team established themselves as a reliable firm practicing in creditor rights and debt collection in the South Florida community. We serve numerous clients under a wide scope. This includes both national and regional banks, private lenders, debt buyers, and countless other entities in the South Florida area.
These businesses, individuals, and corporations all request our guidance regarding their most complicated legal situations. We respond in turn by providing a magnitude of legal experience in business and credit litigation.
For more information on how our expert legal team can assist your legal situation, as well as help you domesticate judgment Miami, contact the Law Offices of Paul A. Humbert, P.L. today to learn more. We will make this procedure streamlined, accomplishing the best possible outcome in a timely and efficient manner. Our attorneys want to help you attain the justice you deserve while reclaiming your rightful property in court.