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A ‘foreign’ judgment, according to Florida Statute 55.502(1), is a judgment, decree, or order of a court of any other state, territory or commonwealth of the United States.  If a judgment was entered in another state, but the debtor lives or owns property in Florida, you have to go through a process to make the judgment enforceable in Florida.  That process is called ‘domestication’.

The judgment must be domesticated in the county where the debtor resides or owns property, in order to meet jurisdictional laws of enforcing the judgment.  Foreign judgments are domesticated through the Clerk of Court office in the proper jurisdiction and fees vary county to county.  With the domestication process, according to Florida Statute 55.503(1), the clerk shall file, record, and index the foreign judgment in the same manner as a judgment of a circuit or county court of this state. A judgment so recorded shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state.  Once the judgment is domesticated, it is enforceable according to Florida civil procedures (read more about enforcement actions here).

A somewhat gray area may exist in the area of Statute of Limitations (SOL) when you domesticate a foreign judgment in Florida.  The Statute of Limitations is essentially the life duration of the judgment – the duration in which a creditor has the ability to enforce that judgment.  It appears, although domesticating a judgment in Florida means the judgment becomes a Florida judgment and can be enforced according to Florida civil procedures, the Statute of Limitations remains the same duration it did in the judgment’s state of origin.  Florida is generous with their 20 year Statute of Limitations on judgments (read more here).  Most states are significantly lower and some states offer as little as 4 years.  This is an important piece of information to consider when bringing your out-of-state judgment to Florida.  Time is ticking and it is best to be proactive with judgment recovery efforts so you don’t lose out on collecting your money.

Do you have an out-of-state judgment you need to bring to Florida?  Or, do you have a Florida judgment, but the judgment debtor moved out-of-state?  For more information on domesticating judgments in Florida or other states, or receiving guidance for your judgment enforcement efforts, please contact Judgment Enforcement Solution, Inc. by calling (877) 879-9880 or filling out our contact form online.

 

 

 

 

 

 

 

 

Disclaimer:  The information, opinions and materials contained in this blog are provided for general informational purposes only and are not intended to be legal advice. Being general in nature, the information, opinions and materials contained in this blog may not apply to any specific factual and/or legal set of circumstances.  No attorney-client relationship is formed nor should any such relationship be implied. The information, opinions and materials contained in this blog are not intended to substitute or refute legal advice given by a licensed attorney.  You should not act upon information, opinions or materials contained in this blog without seeking advice from a licensed attorney in your own state or jurisdiction.  Laws change frequently and vary in different locations.  If you require legal advice, please consult with a licensed professional attorney in your state or jurisdiction.
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Enforcing an out-of-state (foreign) judgment in Florida