Domestication of Foreign Judgment in Boca
When attempting to collect an outstanding debt from a relocated debtor, the first step in a positive outcome is domestication of the foreign judgment. The term foreign judgment may initially seem as though it concerns international law, but it simply means any judgment ruling that originated in another jurisdiction.
As the creditor with an outstanding debt owed to your institution, you naturally took the case to court and received a positive resolution. However, unfortunately for your side of things, the process of collecting this outstanding debt often doesn’t just end with a court ruling. If a debtor decides not to make payment voluntarily after the judgment, there is more work to be done and more hoops to jump through before you’ll see payment. Common avenues to take are wage garnishments, asset levies, and other asset liquidations and acquisitions. These are all valid options to take when attempting to reclaim a debt and are often met with positive results, but what is the recourse when your debtor claims residence in another jurisdiction?
A domestication of a foreign judgment in Boca is not a difficult process in most cases especially with proper case preparation and enough education on the proper process at your disposal. When domesticating a judgment, the ultimate goal is to move the judgment from one jurisdiction to another, and therefore the enforcement and ramification of the judgment as well.
The UEFJA and FEFJA
Proper jurisdiction and enforcement when attempting to reclaim an outstanding debt can post a rather large problem for credit institutions seeking justice and requisition of their lost assets. Luckily there is legal recourse in assistance of resolving some of these trying issues. Domestication of a foreign judgment in Boca is a straightforward process as long as the proper guidelines are followed and understood.
Virtually every state across the country with few exceptions has adopted some form of the United Enforcement of Foreign Judgments Act. In Florida, this regulation is known as the Florida Enforcement of Foreign Judgments Act or FEFJA. The FEFJA provides a regulated standard in the procedures of judgment domestication in the State of Florida and allows creditors to change jurisdictions of the judgment in an objectively short amount of time with just a little bit of documentation and paperwork. By simply providing original proof of the judgment, and the last known address of the debtor as well as the current address of the creditor, the process is underway.
How Domestication of Foreign Judgment in Boca Works
The first step in beginning the process of domestication of a foreign judgment in Boca is obtaining a certified copy of the judgment in the current ruling court, and filing it with the Clerk of Court presiding over the jurisdiction in which the debtor either currently resides, or claims assets. Along with this documentation, you will file an affidavit containing the name and last known residence of the debtor as well as the same pertinent information about the creditor. The clerk then sends a notice of the judgment domestication attempt to the debtor with a 30-day response timetable.
If a debtor elects to respond to the notice, they can request a hearing to dispute the validity and appeal the judgment domestication. Debtors are limited in their defense against domestication, however. The defense can be on the basis that the original ruling court was in error, outside of jurisdiction, or that their best interests were not represented well in the ruling court of law, but facts of the original case can be reentered into defense, What this means is that the debtor is completely unable to dispute the amount of the debt or its validity.
The debtor may choose not to respond. In this case, the procedure continues as normal as if the domestication was granted against a defense by the debtor, but without the times taking the scenario of actually countering a defense in court.
The Best Way to a Quick and Favorable Outcome
The first thing to do if you’re unsure of where to begin in attempting domestication of a foreign judgment in Boca is to contact the local county clerk to explain what exact requirements and necessary documentation are needed to begin filing for domestication.
If you’re a creditor looking to have a quick resolution to your debt recollection issues, contacting a qualified attorney could make the difference between a timely ending, and grinding it out in court. An attorney familiar with both the local courts and the FEFJA can be a major asset in the speedy resolution of your case. Regardless if you’re a local business seeking to reclaim assets and migration of a judgment to another jurisdiction, or if you’re an out-of-state company seeking jurisdictional enforcement against a Boca area debtor, the assistance of an experienced Florida attorney will be a benefit to your case.
Having the experience and devotion of a local Florida area lawyer on your side in these matters cannot be understated. A legal professional will lend their expertise to every facet of your case ensuring a streamlined and mistake-free procedure in the domestication of a foreign judgment in Boca.
The Law Offices of Paul A. Humbert P.L.
Our law offices can assist you in domesticating judgments from another district. Our Miami area legal team has firmly rooted themselves in the South Florida area as a reliable resource in the defense of creditor rights and debt collection. We have represented several different types of clients ranging from small businesses to large national banks. For more information on our firm, the services we offer, or domestication of a foreign judgment in Boca or any of the surrounding South Florida areas, take a look at our website and get in touch with us today.