Enforcing Foreign Judgments in the State of Florida
The Supreme Court of Florida recognizes that a 20-year statute of limitations applies to creditors seeking enforcement of foreign judgments in Miami Beach. However, the creditor must first go through the processes outlined in the FEFJA, recording domestication with the court.
Florida enacted the Florida Enforcement of Foreign Judgments Act (FEFJA) as early as 1984. The intention was creating a simplified process to domesticate foreign judgments. Under the FEFJA, Florida courts give out-of-state judgments full faith and credit within the Florida court system. Once the courts recognize the judgment, they treat this ruling as if the plaintiff entered it with a Florida circuit or county court.
Enforcement of foreign judgments in Miami Beach requires a substantial understanding of Florida law in this practice area. Luckily, with the application and establishment of the FEFJA, this process is far easier than it once was. The FEFJA offers assistance to creditor’s seeking recognition as they attempt to enforce a foreign judgment in Florida. Once established, they can begin collecting their debt.
Enforcement of Foreign Judgements in Miami Beach Proceedings
For a creditor to enforce foreign judgments under Chapter 55 of the Florida Statutes in the Miami area, they must submit the following either in person or by mail:
- A certified copy of the foreign judgment, as well as a non-certified copy
- An affidavit including the judgment debtor’s name and social security number, in addition to their last known postal address. This information must also reflect the judgment creditor’s name as well.
- A money judgment represents a piece of paper stating monetary obligations. Unfortunately, judgment creditors do not realize financial gain until they can enforce the judgment and begin collecting on the debt.
The proceedings concerning collection and enforcement of foreign judgments in Miami Beach remain subject to the statute of limitations outlined in F.S. §55.081. This limits the judgment’s life to 20 years. No judgment may serve as a lien on real or personal property in the state of Florida after the 20-year expiration of the statute of limitations. The limitation applies from the date of judgment entry.
By recording a judgment in Florida records, a judgment creditor may establish a lien on the real estate of the judgment debtor in the area. In these situations, it is important to enlist a skilled litigation attorney wielding experience concerning the enforcement of foreign judgments in Miami Beach. This legal professional can evaluate the foreign judgment to determine the proper application of the FEFJA.
Reclaiming what is Rightfully Yours
Once your attorney files the necessary and applicable items with the clerk’s office, the court will disperse a copy of this documentation as well as an affidavit to the debtor. The debtor then possesses 30 days to file action objecting to the judgment domestication.
During this period, creditors cannot execute and post-judgment activities before this time period expires. When the courts grant judgment domestication, the creditor can then begin debt collection and judgment enforcement the same as any other valid Florida judgment.
A debtor does possess a few defenses they can present to prevent judgment domestication and enforcement. These may include lack of jurisdiction over the defendant. If the original state court did not properly wield jurisdiction over the defendant, then, unfortunately, the judgment is not enforceable in Florida court.
Your attorney can then go to work, helping you collect your debt. This may involve issuing writs of garnishment against the debtor’s bank account or identifying, locating, and implementing provisions on the debtor’s assets within the state.
Although these methods remain possible without granted judgment domestication and enforcement, this involves filing a new, separate action based on the sister-state foreign judgment. However, this process typically takes far longer than utilizing the uniform FEFJA methods.
Enforcement of Foreign Judgments in Miami Beach with the Law Offices of Paul A. Humbert, P.L.
Florida law provides a clearly defined process for enforcement of foreign judgments in Miami Beach. This act additionally provides many protections for Floridians against these legal actions. However, the judgment must lack jurisdiction or remain subject to appeal within the foreign jurisdiction’s court.
For over 20 years, the Law Offices of Paul A. Humbert, P.L. represent many individuals in both creditor and debtor defense legal actions. Under a variety of circumstances, these situations often involve representing individuals and businesses that face complex financial efforts spanning state lines and jurisdictions. We additionally work with other law firms that require assistance with enforcement and domestication issues in the state of Florida.
Our firm regularly conducts asset discovery on behalf of our clients. This helps us determine property and assets as a vital component of the collection procedure. A property might include bank accounts, benefits, investments, assets, and a variety of other mediums.
Luckily, in the state of Florida, registering out-of-state judgments is a relatively simple process, with the right attorney. Once a creditor registers the judgment in Florida, they can then enforce the foreign judgment in the same manner as an original Florida judgment. These creditors may additionally utilize the judgment to place a lien on a defendant’s real and personal property.
For more information on enforcement of foreign judgments in Miami Beach, contact the skilled and experienced attorneys from the Law Offices of Paul A. Humbert, P.L. today. For creditors, we can help them collect on the debt that rightfully belongs to them. If a debtor experiences issues with a creditor, we can help them defend against these legal actions as an advocate on their behalf.