Domesticate a Foreign Judgment
Out of State Judgments: Florida Business Lawyer
When a judgment has been issued in another state, and the debtor resides
in Florida, it is necessary to domesticate the judgment so that it can
be enforced in Florida, and you can then collect what is owed on the judgment.
The process by which a foreign (out of state) judgment becomes enforceable
in Florida is governed by §55.501-55.509 of the Florida Statutes:
"The term "foreign judgment" means any judgment, decree
of order of a court of any other state or of the United States if such
judgment, decree, or order is entitled to full faith and credit in this
state." The statute allows you to collect on a judgment after a specific process
This process requires a Florida attorney for corporate parties. Attorney
Alex Rosenthal is AV rated by Martindale-Hubbell, and has been recognized
by the "Best Lawyers in America®" every year from 2010 through
2016 in the commercial litigation category. If you have a foreign judgment
and need to collect upon it in Florida, he can act on your behalf.
Do you have an out-of-state judgment? You can execute the judgment in Florida.
The judgment must first be recorded in the County where the debtor lives,
or owns property. After the judgment has been properly recorded, the Clerk
of Court will notify the debtor that your foreign judgment has been recorded.
In most counties in Florida, you cannot initiate any collection action
until 30 days after the notice has been sent to the debtor by the Clerk.
The procedure on domesticating a foreign judgment varies somewhat within
the state, in different counties. Most Florida counties only require that
the fee is paid to record the out-of-state judgment, and the notification
sent. Some counties have the requirement that the case is filed concurrently
with the recording of the judgment. At our firm, we are familiar with
the process, based upon the requirements of the county in which the debtor
resides or owns property.
Executing the judgment will also vary, based upon the county in which it
is filed. In each county, to collect upon the debt, you must execute the
judgment. There is also the legal option to file a lawsuit against the
creditor, in which case it is unnecessary to undertake the other process.
Our firm can assist you to resolve a judgment from out-of-state, and we
are available to discuss your specific situation. We can then determine
the best course of action for you, whether through the statutory method,
or though filing a lawsuit against the debtor.
Contact a Florida business law attorney for assistance in domesticating a foreign judgment.