The Process Judgment Domestication
Creditors seeking resolution of owed debts outside of their current locational jurisdiction must go through the process of judgment domestication. Domestication of a judgment refers to the process in which a judgment ruled on in another state is transferred to another.
When attempting to recover potentially lost assets from the debtor, the first step towards a favorable outcome on your behalf is the reception of a court ruling. Many debtors often want to pay their debts but are not able to due to uncontrollable circumstances in their lives Bad things happen to everyone but there is a limit, and sometimes a mutually beneficially outcome just isn’t possible. If your debtor is willing to negotiate with you in repaying their debts, then that is an excellent asset to have on your side toward achieving repayment. Unfortunately, however, this isn’t a common situation and lending institutions must enlist other legal avenues in order to resolve these issues.
As a creditor dealing with the problem of a relocated debtor, you probably understand as well as anyone what a convoluted and hectic process this can be. Fortunately, there are legal resources in place to assist creditors in circumventing some of the pitfalls that can befall your situation of a debtor relocating to another jurisdiction.
Almost every state in the union now has a uniform procedure for domesticating a foreign judgment. Florida’s adaptation of this standard is known as the FEFJA, or Florida Enforcement of Foreign Judgments Act. What the FEFJA provides creditors is a standard practice and regulation in formulating a defense against relocated debtors that may be attempting to skip out on their responsibilities in paying back your lost assets.
How to Domesticate a Foreign Judgment in Fort Lauderdale
Creditors starting the process of domestication of a foreign judgment in Fort Lauderdale begin by providing a copy of an exemplified record from the original court that issued the ruling of the judgment to the Clerk of Court presiding over the jurisdiction where the debtor lives or claims assets. An exemplified record contains all official information regarding the judgment from the original jurisdiction as well as the identification information of the debtor and creditor, as well as the total debt owed.
Once the exemplified record has been filed, the local clerk of court in the new jurisdiction will send out a notice of the attempt to domesticate the original judgment to the debtor. The debtor then has 30 days to respond to this notice in appeal. If the debtor responds to the notice, they can challenge the judgment domestication under the grounds that their best interests were not originally represented by the courts, or that the ruling court lack jurisdiction in the case. Unfortunately for the debtor, however, no information from the original case in relation to the amount or validity of the debt can be entered into defense as these facets of the case have already been ruled on by the original court.
It no response is received from the debtor then the original judgment is granted and is able to be enforced in the new jurisdiction having been successfully domesticated. When obtaining domestication of a foreign judgment in Fort Lauderdale for instance, the judgment and credit collection activities are held under the same legal weight and ramifications as if the court had ruled in the South Florida area. The new jurisdiction supersedes the old, as far as proper legal enforcement.
The Assistance of a Legal Professional
If you’re a creditor seeking a speedy and efficient resolution in the domestication of a foreign judgment in Fort Lauderdale, or anywhere in the South Florida area, it can be a major asset having the assistance of an experienced legal professional on your side. An attorney familiar with the FEFJA and the South Florida court system will aid you in domesticating the judgment as well as ensuring you are educated and informed on all parts of the process during your case. This sort of experience can’t be understated in achieving the resolution you’re seeking and assisting in reclaiming any lost debts or assets by your company.
The Law Offices of Paul A. Humbert, P.L.. can assist throughout the process of domestication of a foreign judgment in Fort Lauderdale, ensuring that any potential mistakes are avoided and that a case is properly and efficiently prepared. Our firm has experience in handling domestication of foreign judgments and has achieved positive resolutions in cases for large national banks, regional banks, small and large companies all over the South Florida area.
Regardless if you’re seeking a domestication of a foreign judgment in Fort Lauderdale, or any of the South Florida areas, even if you’re just seeking information on the procedures and legal options when attempting to reclaim a debt and enforce a judgment on a relocated debtor our law offices can be of assistance.
Located throughout our website you can find a vast amount of information concerning domestication of judgments and other legal issues. If you are a creditor in need of legal assistance relating to the South Florida courts take a minute and look at the myriad of information on our law firm and the services we offer. Our team wants to assist you in the alleviation of your legal issues.
To speak with one of our qualified legal professionals contact our offices today or fill out the contact page located conveniently on our website, we would love to assist you in solving your legal problems.