Enforcement of Foreign Judgements in Florida
Do you hold an uncollected judgment against a resident of the State of Florida or against a debtor who recently moved to Florida? Or do you hold a claim or judgment against a corporation domiciled in Florida? If you do and are interested in collecting that judgment, the following should be of interest to you.
Florida has adopted the Florida Uniform Enforcement of Foreign Judgments Act. Under that law, Florida grants full faith and credit to judgments or decrees of the courts of the United States (Federal courts) and the courts of any state. Furthermore, Florida has adopted the Uniform Out-of-country Foreign Money-Judgment Recognition Act. Under this law, Florida recognizes and allows enforcement of the money judgments issued by a court of a foreign country.
Under the Florida Uniform Enforcement of Foreign Judgments Act (FUEFJA), the holder of an uncollected judgment issued by a court other than a Florida state court, has access to a powerful remedy to enforce the judgment in Florida. The FUEFJA sets forth an economical and expeditious method of enforcing the judgment. The judgment holder is required to record a certified, (not exemplified) copy of the judgment, execute and record an affidavit concerning the identity of the judgment holder and judgment debtor and pay the filing fee charged by the court wherein the judgment is filed. The clerk of court thereafter records the judgment and serves the judgment debtor with a notice that requires the debtor to take action to contest the judgment within thirty days. If no contest is filed, the recorded judgment becomes a lien on any real property owned by the judgment debtor located in the county of recording, if any, and FURTHERMORE, upon payment of an additional $25.00, the judgment holder is entitled to the issuance of process to enforce the judgment, such as a Writ of Execution, and thereafter such additional remedies that may be warranted by the situation.
The law office of Arthur S. Weitzner, P.A. located in Sarasota, Florida is fully versed in assisting judgment holders in collecting their judgments within our geographical area of operation. Fees are usually contingent upon collection and only a nominal cost advance is required to defray the actual disbursements to third parties. The cost advance is often collected from the judgment debtor and returned to the creditor without additional charge or compensation.