Domestication and Enforcement of Foreign Judgments in Kendall
When you successfully obtain a judgment in one particular state or jurisdiction, collecting monetary compensation outside of this area may prove quite challenging. Although victory initially may seem very rewarding, the work for a debt collector is not complete.
For example, if you obtain a judgment regarding debt in the state of Florida, then the defendant, in this case, relocates to California. You must file the judgment within the California court to enforce this against the defendant’s property in California. This is what we call migrating, or domesticating a foreign judgment.
Our firm, the Law Offices of Paul A. Humbert, P.L. works to help individuals and companies who need assistance with judgment collection issues in Florida, as well as on a national level. In addition to assisting in-state individuals, we help many out-of-state entities register orders in the state of Florida.
Registrations and Enforcement of Foreign Judgments in Kendall
It is a relatively simple process to register an out-of-state judgment in Florida. Once you can register a judgment in Florida, the state enables you to enforce the judgment in the same fashion as an original Florida ruling.
This essentially allows you to utilize the judgment to place a lien on a defendant’s real property. You can also levy personal property, outlined within Florida law. This reflects enforcement of foreign judgments in Kendall as the process of law to fully enforce a ruling in a “foreign” jurisdiction.
Florida adopts their own form of the Uniform Enforcement of Foreign Judgments Act (UEFJA). This law outlines a process where Florida courts grant full faith and credit to judgments, as well as decrees of both Federal and State courts.
Under the Florida Enforcement of Foreign Judgements Act (FEFJA), the holder of an uncollected judgment by an out-of-state court may access powerful remedy in enforcing the judgment in Florida.
It remains additionally important to note that foreign in these scenarios purely refers to obtaining the judgment outside of the state where collections and enforcement occurs. In any debt collection scenario regarding multiple states, it is essential to enlist an attorney that wields experience with enforcement of foreign judgments in Kendall.
Enforcement of Foreign Judgments in Kendall Process
Florida enacted the FEFJA in 1984 as a uniform, simple procedure for domestication and enforcement of foreign judgments in Kendall. This law not only outlines a process for judgment domestication and enforcement but additionally offers protections for Florida citizens against judgment enforcement.
Nevertheless, out-of-state creditors need to make certain that they follow this law precisely. This will ensure that they can collect on the judgment. This includes recording a certified copy of the judgment in the debtor’s county of residence.
The debtor’s attorney should also prepare and record an affidavit that sets forth the name, social security number, and last known address of the debtor, as well as the judgment creditor. The clerk can then mail a notice of recording to the debtor outlining the action against them.
Due to foreign judgment enforcement boasting a statutory construction, creditors must meet these requirements. If not timely or adequately fulfilled, the debtor then possesses a recourse in defense against enforcement and collection. Debtors may also challenge a foreign judgment on the grounds of pending appeal in another jurisdiction. They may also outline that the court lacked jurisdiction in the original ruling.
Nonetheless, the debtor must take these steps within 30 days of judgment recording. This includes filing a contesting action, in addition to recording a lis pendens. The court can then stay the order of enforcement upon this filing.
If the new court decides that the argument filed by the debtor remains valid, then they cannot grant judgment domestication. Therefore, enforcement of foreign judgments in Kendall will remain impossible.
Enforcement of Foreign Judgments in Kendall with the Law Offices of Paul A. Humbert, P.L.
The Law Offices of Paul A. Humbert, P.L. is a debt defense and creditor defense firm located in the South Florida community. Our attorneys remain versed in assisting judgment holders in collecting judgments.
We regularly represent businesses of varied size in complex collection efforts across state lines. Our firm extends these services on a national level as client needs arise. This includes asset discovery on behalf of individuals, as well as businesses to help us determine debtor assets.
Even when winning a case and obtaining a judgment is cut and dry, collecting on an out-of-state judgment is no easy task. An experienced law firm can assist creditors with the collections process while ensuring they operate within the law.
The Law Offices of Paul A. Humbert, P.L. understands that missed and late payments directly affect a creditor’s financial interests. For this reason, obtaining an attorney that comprehensively understands enforcement of foreign judgments in Kendall remains vital.
With our decades of experience in helping creditors obtain what is rightfully theirs, we can create and implement strategies for an optimal outcome. Through dedication, effort, and an investment of time and resources, we can act as an advocate on your behalf. Our firm will seek out your best interests in court, or at the negotiating table.
Our firm possesses the necessary knowledge and experience regarding the enforcement of foreign judgments in Kendall to ensure that you obtain the best possible results. For more information on enforcement of foreign judgments in Kendall with our firm, contact the Law Offices of Paul A. Humbert, P.L. today for a consultation.