Domesticate Judgment – New York
Domestication of Foreign Judgments
Florida Statute 55.501, titled the “Florida Enforcement of Foreign Judgments Act”, governs domestication of out-of-state judgments in Florida. The title of the statute is somewhat misleading, as “foreign” is not in reference to a judgment from another country, but a ruling made out-of-state or jurisdiction. The statutory apparatus of §55.501, et seq. calls for recording the foreign judgment, including the necessity of filing an affidavit of the judgment holder’s address. Additionally, sending notice of the intent to domesticate the judgment to the judgment debtor.
This notice is sent via registered mail by the clerk of court in the county of domestication. The statute additionally affords the domesticating creditor to disperse its own notice. This is recommended, as this delivered notice can avoid later headaches in the event that the clerk of court improperly serves notice to the judgment debtor. There is a 30-day moratorium on judgment execution after the notice is sent to the judgment debtor. This provides the judgment debtor time to file an opposition to the final domestication of the judgment in Florida.
Sister State Judgment
Afforded full faith and credit under Article IV of the Constitution, a judgment properly entered in another state will almost always be enforceable in Florida. Exceptions to this scenario include a foreign judgment entered without jurisdiction over the judgment debtor. For example, A New York resident sued in California, never having been to California. In this example, the New York resident was not delivered notice, and the California judgment creditor attempts domestication of the judgment in Miami—Dade County Florida (this is apropos if the New York resident owns a vacation home here that the California would attempt to levy on) the New York resident would have the opportunity to challenge domestication of the California judgment through the procedures established under Florida Statute §55.509.
Enforcement Of Foreign Judgment
If the judgment debtor believes she has grounds to contest domestication under Florida Statute §55.509, they must file an action contesting the jurisdiction of the court that entered the foreign judgment. The debtor must additionally record a lis pendens directed toward the foreign judgment within 30 days of the clerk of court’s recording of the judgment. However, this is the exception, not the rule.
The vast majority of out-of-state creditors complying with Florida statute requirements are entitled to a domestication of judgment. Unfortunately for the out-of-state judgment holder, congratulations are not yet in order. While successful domestication of an out-of-state judgment may feel like a victory for the creditor, the real work is just beginning. Creditors must begin the post-judgment execution process anew after the domestication of the state’s judgment. Florida statutory and case law will govern the post-judgment collections proceedings, notwithstanding the judgment’s origination in a sister state. Hiring an experienced Florida debt collection attorney is an important step to ensure the highest likelihood of collection.
Debt Collection Lawyer
At the Law Offices of Paul A. Humber, P.L., we have a vast experience in Domesticate Judgment – New York and domestication of out-of-state judgments. We have successfully collected judgments in Florida for clients all across the United States. For this reason, Paul Humbert is one of the most sought-after creditor defense firms in all of South Florida.
Across our website, you can find valuable information concerning our law firm and the judgment enforcement process. If you are an out-of-state creditor seeking to enforce a judgment in Florida, we’re happy to provide a free consultation. Early intervention from a Florida debt collection attorney will ensure a smooth, efficient process.
The Law Offices of Paul A. Humbert, P.L. have attained numerous positive outcomes regarding enforcement of foreign judgment cases. Due to this experience, Paul is a highly sought attorney practicing in the field of creditor’s rights.