Helping Domesticate And Collect Out Of State Judgments In Florida
Interstate debt recovery is a complicated process. It is important to fully understand your options when it comes to collecting out-of-state judgments in Florida. One crucial tool in this respect is domestication of foreign judgments. This involves making such a judgment enforceable within the state, which opens up a whole toolkit of local collections remedies for creditors.
At The Levey Law Firm, P.A., based in Miami, we have been standing up for our clients in debt collections for over decades of experience. We have the skill and knowledge necessary to help you navigate collecting out-of-state judgments in Florida. Our lawyers have represented a wide range of businesses in Florida debt collection cases and other high-stakes matters. Our team collaborates with attorneys across the U.S. and knows the courts in all 67 Florida counties. We are ready to meet your unique cross-border collections needs.
Guiding You On The Florida Enforcement Of Foreign Judgments Act
The main law governing Florida judgment domestication is the Florida Enforcement of Foreign Judgments Act. Our attorneys are deeply knowledgeable about this law and its intricacies. They are here to guide you on what its various rules mean for your particular collections matter.
What Is A Foreign Judgment?
A foreign judgment is one issued by a court outside of Florida but within the United States. For such a judgment to be eligible for domestication under the Florida Enforcement of Foreign Judgments Act, it must be entitled to full faith and credit in Florida. Our firm can help you determine if a given debt-related judgment you received meets this definition.
Why Pursue Domestication?
There are many reasons a creditor may want to domesticate a judgment, allowing them to take enforcement actions within Florida. For example, the debtor may have property in Florida or may have recently moved to the state. We can advise you on whether domestication is needed to pursue your collections goals effectively.
Domesticating An Out-Of-State Judgment
Below are the main steps for seeking to domesticate a qualifying judgment under the Florida Enforcement of Foreign Judgments Act:
- Getting a judgment copy: Obtain a certified copy of the foreign judgment you wish to domesticate.
- Recording: File the copy with the clerk’s office of a county circuit court, typically where the debtor or their property is located.
- Notice: The clerk sends notice of the recording to the debtor. It can be wise for you to send notice as well to preserve your rights in case the clerk fails to do so.
- 30-day waiting period: Once notice is served, the debtor has 30 days to contest the domestication.
- Hearing (if needed): If the debtor contests the matter, a hearing will generally be held.
- Domestication: If the 30-day waiting period passes without action from the debtor, or you receive a favorable result at the hearing, domestication is complete.
Our Florida foreign judgment registration attorneys can assist you with all stages of this process, always aiming to get you everything you need for effective debt enforcement across state lines.
Jurisdiction Challenges In Out-Of-State Collections
Debtors may contest a judgment domestication by arguing that the court lacks jurisdiction over them. In such instances, Florida’s Long Arm statute can play a crucial role. This statute outlines when Florida courts have jurisdiction over parties, including non-residents. Our firm’s lawyers, with their extensive understanding of the ins and outs of this law, can help you with proactively responding to debtor claims of lack of jurisdiction.
How Long Does Domestication Take?
The length of the domestication process depends on whether it is contested. If uncontested, it generally takes the 30-day waiting period. If contested, it can take much longer. We understand how essential fast action is when it comes to collecting debt. Our Florida judgment creditor rights attorneys can help you address any domestication challenges that arise, with the goal of speeding up the process as much as we can.
Why Choose The Levey Law Firm For Out-Of-State Judgment Enforcement Help?
Having strong guidance can be critical when seeking to collect on out-of-state judgments. Our firm is ready to help you avoid costly missteps when it comes to the Florida domestication process. We also can assist you with pursuing actions post-domestication, from writs of execution to garnishment to supplementary proceedings. When you choose us, you get personalized support from our senior partner, Lewis J. Levey. With over 10,000 cases resolved and Florida courtroom experience spanning back to 1986, he is a truly powerful ally to have in your corner.
Get The Professional And Aggressive Representation You Deserve
Mr. Levey and the rest of our team are here to help you pursue your goals related to interstate judgment collection. Contact us today for a consultation by reaching out online or calling 800-618-9938.