Enforcement of Foreign Judgments in the State of Florida
Lenders endure long, stressful, challenging court cases, working hard with their legal team to collect the necessary evidence to substantiate a claim. Upon prevailing, it is easy to feel vindicated. Unfortunately, this doesn’t mean that the work is done.
In a perfect world, judgment debtors would transfer the necessary funds to the lender. However, this rarely occurs, and creditors may do anything they can to skirt the legal system and their obligations regarding their debts.
A court judgment is not self-enforcing. Although honest debtors may want to pay up soon after a lender enters a judgment, this seldom occurs. When a judgment debtor doesn’t pay what they owe, a creditor must enforce the judgment with the “aide of the court”.
Florida provides lenders with an established process for enforcement of judgments in Miami-Dade and throughout Florida. This includes the ability to use various judgment enforcement methods like attachments or garnishments.
What is Enforcement of Judgments in Miami-Dade
A court of law will hear disputes where two or more parties are involved. The plaintiff and the defendant represent each side of the case and may be groups of people like companies or individuals. Civil cases result in the court forcing parties to change behaviors, the properties of things, or monetary judgments.
Many monetary judgments are not paid by those that owe them, similar to unpaid debts that initiate these cases in the first place. As such, a collection agency or other lender must deal with enforcement of judgments in Miami-Dade to collect property or monetary amounts from individuals, groups, and organizations that lose court cases.
A principal way that lenders can collect a monetary judgment is through legally mandated disclosures. The final judgment will outline the court’s right to retain jurisdiction in most cases. This helps ensure that a judgment debtor accurately completes an information sheet within 45 days.
The document will identify all the debtor’s real and personal property. If the debtor does not complete this form within 45 days, the debtor may remain subject to contempt proceedings resulting in jail time or fines at the judge’s discretion.
In addition to filling out a fact information sheet, creditors have the right to proceedings supplementary. This enables the lender and their legal representation to send discovery to a debtor, including questions concerning a debtor’s assets, requesting copies of any documents related to their assets or the debt.
Judgment Liens
Judgment liens attach to property by obtaining a certified copy of the judgment and recording the judgment in the county where the debtor claims assets. The judgment must contain a judgment debtor’s current address, and any other personal information the debtor possesses. They must include their information as well.
A creditor must also attach an affidavit to a certified copy of the judgment. Although the Clerk of Court may have previously recorded and filed a judgment, obtaining this certified copy remains necessary and filing it with the clerk as required by Florida statutes.
Once the creditor completes this process, any real property owned by the defendant in that county remains subject to the judgment lien for up to ten years, as well as a renewable period of 10 years. The lender should file a certified copy of the judgment in every county where a debtor owns the property. They should also file a judgment lien certificate with the Florida Department of State that offers priority over other judgment creditors who may file a certificate later.
Enforcement of Judgments in Miami-Dade | The Law Offices of Paul A. Humbert, P.L.
For anyone seeking enforcement of foreign judgments in Miami-Dade or throughout the state of Florida, a qualified attorney is imperative to obtain a positive outcome in the case.
Our attorneys from the Law Offices of Paul A. Humbert, P.L. work hard to represent our clients’ best interests in domesticating and enforcing judgments while helping them collect their rightful property.
We have represented many clients from small businesses and lenders to nationwide corporations dealing with debtor bankruptcies and other debt collection issues. Business litigation, debt collection law, and creditor rights practice are complex areas of Florida law, necessitating expert intervention from a trained and practicing attorney.
To learn more about the enforcement of foreign judgments in Miami-Dade and the state of Florida, reach out to our firm today for a consultation!
