Domestication of Foreign Judgment in Miami
If a judgment has been issued in a jurisdiction outside of your own, and the debtor lives or claims assets in Miami, a domestication of a foreign judgment in Miami must be undergone in order to make the judgment enforceable in Florida court. Out of jurisdictional judgments are known as foreign judgments, generally being enforceable in another state. Referring to these judgments as foreign or domestic seem as though they might concern some sort of international law implications but they simply imply a judgment in or out of the jurisdictional ruling.
Tracking down out of state debtors can be a monumental problem for lenders looking for speedy and certain resolution, but with case preparation and education on the domestication process, many of the typical pitfalls and delays can be avoided.
I Need to Obtain Resolution with an Out-of-State Debtor
When seeking judgment execution in Florida, the first step in the procedure is the recording of the judgment with Clerk of Court presiding over the area where a debtor resides or claims assets. Once the judgment has been recorded in the courts, a notice is sent by the clerk to the debtor stating that a judgment migration has been filed. Most jurisdictions contain regulations and stipulations preventing collection activities taking place in regards to the judgment domestication for 30 days after sending the notice to the debtor. When filing documentation with the court, the creditor must also file an affidavit with the clerk which is filed along with the recording of the judgment into the public record.
Judgments must be ruled, closed, and final in order to begin domestication of a foreign judgment in Miami. If the ruling court of the foreign judgment was impartial or didn’t have the proper jurisdiction in ruling on the case, there can be several complications related to these issues when attempting to domesticate the judgment.
Defenses by Debtors
The 30 day period after sending the notice of judgment filing to the debtor is crucial to the direction that the case can take. During the time period, the debtor has an opportunity to respond to defend or appeal against the domestication of judgment. Debtors may choose to challenge the migration of judgment ruling by showing that the court presiding over the initial judgment was in error, or that their best rights were not served properly by the ruling court. Nothing in reference to the original judgment or any defense that would have been made at that time can be entered in their defense including the amount of debt, or whether or not the money is actually owed.
If no response to the notice is received by the court, then the domestication of a foreign judgment in Miami proceeds as if it were granted in favor of the creditor in court. Once the judgment has been domesticated into the Miami area, the legal ramifications are the same as if the judgment had been originally ruled in a Miami court. A domestication of a foreign judgment in Miami successfully processed becomes enforceable under Miami area law.
Statute of Limitations
The Statute of Limitations concerning foreign judgment domestication in Florida can also provide somewhat problematic for creditors. Once domestication of a foreign judgment in Miami has been completed it does become enforceable in Florida court, but the Statute of limitations will remain the same length as it was before the domestication process began. The Statute of Limitation in Florida is 20 years, but some states hold a much lesser length of time. When attempting to domesticate a foreign judgment, it is vital to understand the particular jurisdiction’s statutes.
Though a favorable outcome in the domestication of a foreign judgment in Miami is a major step in the right direction, oftentimes there is far more to be done before the actual debt in question is reclaimed. Once the process is complete, creditors may again begin collection activities in regards to the debt. The unfortunate thing is that collections start over from the beginning of the process. Florida law will now dictate any collecting proceedings.
Attempting to Reclaim a Debt in the Miami Area?
If you are a lender seeking to reclaim a debt from a debtor that has moved to another state or jurisdiction, the assistance of a qualified and experienced Florida attorney cannot be understated. The team at The Law Offices of Paul A. Humbert P.L. has the experience necessary in navigating the convoluted process of a domestication of a foreign judgment in Miami, and many of the local courts in the surrounding areas. We have been very successful in achieving positive outcomes for a wide variety of small, medium, and larger clients based both in Florida and all over the United States.
There is a wealth of information concerning domestication of a foreign judgment in Miami, as well as our law firms located on our website. Whether you are an out-of-state business looking to track down a debtor and collect a resolution on a debt in Florida, or if you are a Florida based company seeking other jurisdictional resolution, we would love to sit down with you for a free consultation. Early action taken in hiring a competent Miami are attorney could be the difference between the best possible outcome, and a delayed and drawn out process.
If you’d like more information on the procedure of domestication of a foreign judgment in Miami, or for guidance on enforcement processes and regulations our resources are available to you. Just contact us to speak with one of our legal representatives eager to help you resolve your debtor issues.