The Process Judgment Domestication West Palm Beach
The State of Florida has been referred to as a debtor’s haven for some time now. Under Florida law, there are many exemptions eligible for Florida debtors and is often used by individuals looking to skirt their responsibilities. Fortunately, there are several Florida statutes and procedures to assist creditors in reclaiming their owed debts.
Dealing with relocated debtors can be an arduous task. Once you’ve gone through the courts and received a positive outcome, it may seem like you’ve achieved a major victory, but the work is hardly finished. If there are no assets a debtor is willing to put up in order to satisfy the debt after the judgment, and no asset insurance coverage, there are additional steps you can take as a creditor in order to reclaim the debt owed to you.
The UEFJA and FEFJA a Creditor’s Recourse
There was a time when a creditor seeking resolution on a judgment from another jurisdiction has to file an completely new lawsuit separate from the original case and start from square one with an entirely new case. The whole process would start anew and with some luck and legal navigation, the new court ruling would make the debtor responsible for the debt under Florida Law.
Nowadays things are much easier for creditors with a uniform set of standards and practices in the domestication of a foreign judgment in West Palm Beach, or anywhere in the State of Florida for that matter.
A majority of State Courts have adopted some form of the United Enforcement of Foreign Judgments Act. This is a set of regulations and procedures giving creditors a standard for foreign judgment domestication. Florida’s adoption of the UEFJA is known as the Florida Enforcement of Foreign Judgments Act.
Under the stipulations of the FEFJA creditors now only need to submit a certified copy of the original judgment and an affidavit containing the last known address of the debtor, the address of the creditor, and the total amount of the owed debt with the Clerk of Court in the jurisdiction where the debtor claims either residence or assets. Once these documents are recorded with the local court, if a domestication of the judgment is granted, then the judgment holds the same legal weight and enforcement as if it were ruled upon by the Florida courts. For example, if a judgment is domesticated from a jurisdiction in another state to a court in Palm Beach County, the debt is now owed with the full enforcement and ramifications as if the case was held within the West Palm area.
The domestication of a foreign judgment in West Palm Beach under the FEFJA does also offer the debtor legal defense as well. After the necessary documents are recorded by the clerk, the office will send out a notification of the domestication attempt with a 30-day limitation on the response from the debtor. If the debtor chooses to respond to this notice, they may appeal the judgment domestication, by filing an action in contesting the modification to the judgment. The defense of the domestication can contain information relating to issues with the representation of the debtor’s best interests, or the jurisdiction of the original ruling court. No defense can be made relating to the amount or validity of the debt as these facets of the original case have already been decided.
This sounds like a really convoluted process, and unfortunately even once you’ve successfully domesticated a foreign judgment there is still work to be done in resolving your uncollected debt. Once the process is complete, the creditor must begin debt collection anew, under the ruling jurisdiction of Florida Debt Collection practices.
Enlist a Qualified Palm Beach County Attorney
A major asset you can have on your side as a creditor attempting domestication of a foreign judgment in West Palm Beach is the service of an experienced and qualified South Florida attorney familiar with the nuances of the FEFJA and the South Florida court system. The first step you can make towards a positive outcome of your case is contacting an attorney today.
No matter whether you are an out of state creditor seeking domestication of a foreign judgment in West Palm Beach, or a local company attempting resolution of a relocated debtor a legal professional with the knowledge to successfully navigate these legal waters can be the difference in a timely resolution, or spending months in court attempting to reclaim your lost assets. An attorney can not only offer you their legal services but also provide necessary information if you’re unsure on how to proceed with your judgment domestication and what your possible legal actions are.
Enlisting the services of a Palm Beach County attorney can be vital in the outcome of your case. An attorney will not only assist in a high likelihood of positive resolution on your behalf but also do so in the quickest and most efficient way possible. A lawyer familiar with the Florida court system and the FEFJA can greatly expedite the entire process, and ensure that any potential mistakes and pitfalls are avoided.
The team at the Law Offices of Paul A. Humbert, P.L. want to help your company reclaim the potentially lost debt and aid you in the domestication of a foreign judgment in West Palm Beach. We have successfully obtained resolutions in the South Florida area for a variety of clients of all sizes and case types.
If you’re seeking domestication of a foreign judgment in West Palm Beach, there is a myriad of information contained on our website related to our law firm, and the services we offer. We are excited to offer you a free consultation so please get in touch with us as soon as possible. Early intervention of a South Florida legal professional can ensure a smooth and fast outcome to your case.