Judgment Against Property With Florida In Nevada
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FAQ
How does a creditor go about getting a judgment lien in Nevada? To attach the lien, the creditor files the judgment with the county recorder in any Nevada county where the debtor has property now or may have property in the future.
File a petition for the domestication of the foreign judgment in the circuit court of the Florida county where the debtor lives or has property; Serve the petition and a copy of the foreign judgment on the judgment debtor; Attend a hearing on the petition, if the court schedules one; and.
Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
In Florida, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. Florida also allows judgment liens to be attached to the debtor's personal property -- things like jewelry, art, antiques, and other valuables.
After the judgment is signed by the judge, it must be filed with the court clerk. This is called “entering” the judgment. (NRCP 58(c); JCRCP 58(c).) Once the judgment is entered, a notice of that entry must be mailed to all parties in the case and filed with the court clerk.
If a judgment is entered against the debtor in one state, but the debtor resides in another state or the debtor's assets are located in another state, then the creditor must transfer the judgment to that state.
The sister-state judgment allows a creditor to recover debts from a debtor who has relocated to California using a court order or judgment that was issued in another state.
The easiest procedure is to file a motion for summary judgment in lieu of complaint. That sets up a summary procedure that is designed to determine whether defendant received proper service of legal papers in the out-of-state case and that granting recognition to the judgment doesn't violate NY public policy.
The FDCPA however is very specific in that a debt collector can only sue in the county and state where the contract was signed or the county and state where the defendant currently resides.
