Domesticating Out-of-State Judgments in Florida
The statutory law in Florida requires that exemplified out-of-state judgments must first be recorded in the county where a debtor resides or claims property. An exemplified judgment is simply a judgment copy from another state with an attached certificate.
Three individuals will sign this certificate or “affidavit”. The issuing court clerk will sign the document twice before providing it to the presiding judge for signing as well. The purpose of the certificate and the signatures is validation, as well as authentication concerning the judgment.
Once the creditor can obtain an exemplified copy of the foreign judgment. They will then record the judgment in the requisite county. Then the clerk will send notice to the debtor to inform them on the judgment recording.
These first steps during domestication and enforcement of foreign judgments in Pembroke Pines begin a 30-day period where a creditor must cease any collection efforts. Florida statutory law provides this 30-day window where a defendant can file an action to challenge the judgment’s validity.
If they do not file an action within this period, the creditor can then freely begin their collection efforts. These actions may include wage garnishment, as well as executing on their assets.
Nevertheless, not every Florida county imparts the same process concerning out-of-state judgment recognition and recording. Most only require a small fee to record the judgment, in addition to dispersing the notice.
However, some counties will require that a creditor or their attorney files the case simultaneously with the judgment recording. They will ultimately file the case when the creditor decides to execute the judgment. Nonetheless, they will additionally require a case number to issue any writ of execution or garnishment.
Judgment Enforcement and Domestication in South Florida
Sometimes, creditors also file lawsuits on the foreign judgments. This foregoes the statutory law method for domestication and enforcement of foreign judgments in Pembroke Pines. In these cases, the creditor will file an entirely new action, asking the court to recognize the judgment in Florida. This method also takes much more time than utilizing the statutory method.
A Florida business may encounter a situation where they need to bring a lawsuit originating from another state to a Florida jurisdiction. This could represent a case against suppliers, customers, and other business entities.
If the initiating business wins the lawsuit, they obtain the judgment. This judgment will entitle the business to collect what is rightfully theirs from the person or entity defending in the case. The loser in the case is what we call the judgment debtor.
A judgment will become a lien on specific types of property in the state where the creditor obtains the judgment. They also entitle creditors to pursue a variety of collection efforts that will include seizing property, as well as garnishing the debtor’s bank accounts.
Nevertheless, out-of-state businesses that sue Florida residents or business entities wield a significant problem as they try to collect a judgment from assets located in Florida. The good news is that through domestication and enforcement of foreign judgments in Pembroke Pines, these businesses also possess the solution to this problem.
Enforcing Out-of-State Judgments
When a company collects a judgment originating in another state against an individual or entity wielding Florida assets, they must domesticate the judgment. This essentially means migrating the judgment from its originating jurisdiction into a Florida jurisdiction.
Companies can begin this process by obtaining a certified judgment copy from the originating court. They must then file it in the court of the new jurisdiction. After the aforementioned 30-day grace period, the creditor can take this recorded judgment, enforcing it with the same weight as a valid Florida-originated judgment.
Only thirty days after the initial judgment recording, it will transform into a lien. This enables the creditor to follow Florida legislation concerning debt collection procedures. The enforcement of foreign judgments in Pembroke Pines enables creditors to obtain what is rightfully theirs. They can accomplish this lawfully through the proper channels in Florida court.
Enforcement of Foreign Judgments in Pembroke Pines Attorneys from the Law Offices of Paul A. Humbert, P.L.
The purpose of enforcement of foreign judgments in Pembroke Pines is providing an ideal and optimal method to reclaim debts in other jurisdictions. Although a defendant wields a right to defend against this judgment migration, they must do so in the designated 30-day period. They also cannot utilize the amount or validity of the debt in defense.
The only legitimate defense a defendant may utilize concerns either the jurisdiction of the original ruling court or that the defendant’s best interest was not served by this court.
For nearly 30 years, the Law Offices of Paul A. Humbert, P.L. served the South Florida community as a crucial resource for their legal needs. These situations often involve representing a variety of businesses and individuals that face complex legal actions against them. Paul additionally serves as a creditor rights attorney for both small and large businesses as well.
This provides his practice with a unique perspective and insight into creditor/debtor issues. Many times these cases span across state lines into other jurisdictions. In these situations, his experience in the enforcement of foreign judgments in Pembroke Pines demonstrates this practice’s status as an optimal legal solution.
For more information on how our legal practice can help you with the enforcement of foreign judgments in Pembroke Pines, contact the Law Offices of Paul A. Humbert, P.L. today to schedule an initial consultation!