Domestication of Foreign Judgment
Individuals in the legal field have long thought of Florida as representing a jurisdiction that is relatively easy on debtors comparatively. This is due to the numerous exemptions Florida law imparts regarding owed debts. Florida is known in the legal community as an asylum, or “debtor’s haven.”
The issues behind debt collection for companies represent an arduous, time-consuming procedure. When a company needs to reclaim what a debtor owes to them, the case may reach the trial phase. However, even after obtaining a successful outcome in court, the work still is not done.
In many cases, the debtor may not possess any assets that they will use towards satisfying the judgment. They also may not wield any insurance coverage. In this instance, the lending company must begin additional methods to collect on their judgment. This situation also applies if the debtor moves out of the jurisdiction, into another state.
The process is what we call domestication of foreign judgment. Luckily, legislatures cultivated a method for uniform enforcement and domestication of these out of jurisdiction judgments called the Florida Enforcement of Foreign Judgments Act or FEFJA.
This act outlines a set of standards and practices enabling collectors to domesticate an out of state judgment in Doral.
Florida Enforcement of Foreign Judgments Act
Prior to the legal formation of the FEFJA, creditors facing out of state judgments needed to file a new and entirely separate lawsuit to enforce the foreign judgment. There was no set standard to domesticate an out of state judgment in Doral or any other district in any state.
The creditor would file the new judgment, before recording it as a unique judgment in Florida court. Only then could the creditor create a lien, going after the debtor’s assets to repay what the debtor owed them.
Lawmakers understood that there was a better way. When they created the Florida Foreign Enforcement of Foreign Judgments Act, any processes, and procedures to domesticate an out of state judgment in Doral now consolidate under the FEFJA.
Creditors must now only submit a certified judgment copy with the Clerk of Court concerning the location where a debtor claims residence, or assets, as well as submit an affidavit that contains the debtor and creditor names, in addition to last known addresses.
Once the clerk records this documentation, the judgment holds the same legal ramification and enforceability as a legitimate Florida judgment. However, the debtor does possess some recourse in this event.
Under the FEFJA, the clerk will disperse a notification to the debtor concerning a 30 day right to contest. This affords the debtor legal recourse to dispute the judgment. They can accomplish this by filing a contest against either the jurisdiction or that the original ruling court did not adequately represent the debtor’s best interests.
A debtor essentially possesses only this right versus judgment domestication. They cannot include anything concerning the original debt amount, or facets ruled upon in the original case.
Enlisting a Qualified Legal Representative
Should the debtor not respond to their right to contest, the domestication will proceed. However, even when the court domesticates the judgment, a creditor’s work is not complete. The judgment holder must then begin their post-judgment collection proceedings anew from the beginning. This means sending out letters, making calls, and doing everything they can in the attempt to reclaim the debt.
The good news is that the domesticated judgment holds the same weight in Florida as a judgment rules by the state court. However, it is essential that you enlist legal representation to obtain an efficient and swift resolution.
A qualified attorney that wields familiarity with the South Florida court system will help you domesticate an out of state judgment in Doral. They will significantly understand the concerning information, requirements, and stipulations necessary to help you domesticate, and then collect your debt.
This legal professional will additionally help you speed up your resolution. They can expedite any process and procedures concerning your collection efforts.
Domesticate an Out of State Judgment in Doral with the Law Offices of Paul A. Humbert, P.L.
Obtaining the debtor’s current and accurate address represents the first step towards a swift and efficient resolution. A qualified attorney will prepare the necessary documentation quickly, enabling you to begin debt collection immediately.
Our law firm serves as a vital resource for companies and clients in the South Florida community. We can help you domesticate an out of state judgment in Doral. We service a wide range of clients that vary from small a medium-sized local businesses to corporate and national entities. These include banks on the national and regional levels, as well as private lenders and debt buyers.
These individuals and businesses enlist our legal intervention in numerous different fashions. This might include providing legal guidance under certain circumstances, or direct intervention to help them domesticate an out of state judgment in Doral.
The Law Offices of Paul A. Humbert, P.L. regularly offer their assistance to these companies concerning their most pressing and complicated legal matters. For more information on how we can help you domesticate an out of state judgment in Doral, as well as help you reclaim your debt, contact our legal professionals today.
We want to help you obtain the property that rightfully belongs to you, in addition, to guide you through the domestication process. There is no reason to do this alone, enlist our qualified and experienced legal professionals right way.