Litigating and Disputing Foreign Judgment Issues
Winning a debt collection lawsuit may fill a plaintiff with a feeling of overwhelming victory. After all, they fought hard to achieve a positive outcome, and after all the time and effort, this came to fruition with the verdict or judgment they sought.
Unfortunately, a victory in court is only half of the battle. Collecting on debt may prove very difficult, especially when a debtor doesn’t want to pay. Furthermore, if a debtor relocates or possesses assets you wish to garnish in another jurisdiction, this can make collecting the debt seemingly impossible.
Luckily, state and federal law outlines a set of standards and regulations that make it easier for creditors to pursue and enforce these debts legally. Nonetheless, in any situation involving a “foreign” jurisdiction, your case will require intervention from an attorney that remains familiar with the enforcement of foreign judgments in Miramar.
Out-of-State Judgment Domestication in South Florida
Florida law requires that creditors and their legal teams domesticate an out-of-state judgment before legally enforcing it in a new jurisdiction. The first step is to file the judgment in the foreign country where the debtor resides, or claim property.
This involves taking the documentation down to the Clerk of Court in the jurisdiction to obtain an “exemplified judgment.” An exemplified judgment is a copy of the original judgment with an attached certificate.
The clerk will record the judgment within the requisite counter before passing it to the presiding judge for their approval and signature as well. This validates and authenticates the judgment.
Once a creditor can obtain the exemplified copy, this officially records the judgment issue within the requisite county. The clerk can then disperse a notification to the judgment debtor informing them of the legal action that the creditor takes against them.
As soon as the clerk disperses this notification to the debtor, this begins a 30-day period where a debtor wields the legal right to challenge both domestication and enforcement of foreign judgments in Miramar.
During this period, the creditor must cease any collections activities, and the debtor can file a response contesting the judgment validity. If they choose not to file this action, the creditor will win the case the same as if the debtor lost in court. Potential results include wage garnishment and asset liquidation by the creditor.
Not every jurisdiction imparts the same procedure concerning pursuance of an out-of-state judgment. Some will require a small fee for judgment recording, while others impart a set order on the filing and recording procedure. For this reason, finding a qualified attorney that remains experience in enforcement of foreign judgments in Miramar remains necessary for a positive outcome.
Possible Debtor Defense against Enforcement of Foreign Judgments in Miramar
As we previously mentioned, debtors wield 30 days for response and legal recourse after a creditor files for judgment domestication. This is the only time that the debtor possesses to file an action contesting or questioning a foreign judgment.
Nevertheless, they will possess limited defense options to contest judgment domestication or enforcement. The debtor’s defense team cannot question the amount of the debt, or utilize a defense based on information already decided by the former court in the prior case.
However, they can raise argument regarding the original ruling court’s jurisdiction and power over the case. The debtor may also demonstrate that the original court did not serve their interests legally during the processes and procedures in the prior ruling.
Outside of this defense, debtors wield limited recourse against domestication and enforcement of foreign judgments in Miramar. In any event, if the debtor does not respond, or cannot properly outline these legal defenses, the case will continue as normal. This enables a creditor to domesticate and enforce the judgment as a valid Florida judgment.
Creditors may additionally file a lawsuit in conjunction with the foreign judgment. Nonetheless, this bypasses the domestication process. The creditor files an entirely new action that asks the court to oversee a case against the debtor in an entirely new forum.
Enforcement of Foreign Judgments in Miramar with the Law Offices of Paul A. Humbert, P.L.
The enforcement of foreign judgments in Miramar process enables creditors to reclaim debts that rightfully belong to them. Despite the 30-day defense period that a debtor possesses, their time and options remain limited. Nevertheless, early intervention from a legal professional is significant to ensure the best possible outcome in court.
For over 30 years, the Law Offices of Paul A. Humbert, P.L. served the South Florida community in a variety of formats and forums. Our attorneys wield the necessary education and experience to help you navigate through convoluted legal waters.
Issues concerning enforcement of foreign judgments in Miramar involve any number of legal actions by the plaintiff and may involve complex legal issues that only an experienced attorney can handle. Our firm represents a wide variety of businesses in many different legal issues. For this reason, we remain the ideal solution in creditor defense and debt collections issues.
By serving as both a creditor rights attorney and debt defense firm, we gain a unique perspective on every facet in these legal areas. There is no reason to endure these legal situations alone. Enlist a qualified attorney for their knowledge and assistance.
For more information on how our firm can help you with issues regarding enforcement of foreign judgments in Miramar, contact our dedicated attorneys today to schedule a consultation.