The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation. There are notable exceptions, which is why legal action should be always commence in the state where the defendant is domiciled. A foreign judgment must be filed with the Clerk of the Court in the county in which the attempt is being made to enforce the judgment. This should include any enforcement proceedings such as the Writ of Execution upon assets, etc.
There are various reasons for the court to deny recognizing the foreign judgment. One reason for denial is an appeal, which is pending in the original court. A "stay" may be granted if a debtor can allege grounds exist in the courts jurisdiction where the foreign judgment is being filed, thus creating a "stay" preventing the foreign judgment from being recorded. Such grounds include, lack of sufficient notice in obtaining the original judgment, the judgment was obtained by fraud, the cause of action conflicts with state policies in the state where the foreign judgment is to be filed, the judgment conflicts with another final judgment, or lack of jurisdiction over the debtor in the original judgment.
A "stay" by the debtor must be filed within 30 days of receipt of the notice of the filing of the foreign judgment or sixty days if the debtor is not a resident of the state. Ten days after a foreign judgment is filed and notice has been given to the judgment debtor, the creditor may begin enforcement of the judgment by means allowed by law within the state in which the foreign judgment has been registered.
The debtor may request a "stay" or be granted denial of having the foreign judgment recorded. The debtor must be shown to have "sufficient contact" with the state to establish the jurisdiction of the court to enforce the judgment. Most states vary considerably on what determines "sufficient notice" when obtaining the original judgment. If there were a flaw or it was inconsistent with the court where the foreign judgment is to be recorded, then the courts will not allow the foreign judgment to be enforced.
Title: Understanding the Florida Petition for Registration of Foreign Judgment: Types and Procedure Introduction: The Florida Petition for Registration of Foreign Judgment is a crucial legal process that allows individuals or entities holding out-of-state judgments to enforce their rights in Florida. This article aims to provide a comprehensive overview of this petition, its significance, and explore various types that may exist. Keywords: Florida, Petition for Registration, Foreign Judgment, legal process, out-of-state judgments 1. What is the Florida Petition for Registration of Foreign Judgment? The Florida Petition for Registration of Foreign Judgment is a legal remedy available to individuals or entities seeking enforcement of an out-of-state judgment in Florida. It allows for the recognition and domestication of a foreign judgment, making it enforceable within the state. Keywords: legal remedy, recognition, domestication, enforceable, within the state 2. Significance of Petition for Registration: a. Enforcing Out-of-State Judgments: The petition provides a mechanism to ensure that judgments obtained outside Florida can be enforced, enabling claimants to collect their rightful dues in the state. Keywords: enforcing, out-of-state judgments, collect, rightful dues b. Uniformity and Efficiency: By registering a foreign judgment in Florida, the legal process ensures uniformity in the enforcement of judgments, streamlining proceedings and promoting efficiency in the legal system. Keywords: uniformity, efficiency, enforcement, streamlining proceedings, legal system 3. Different Types of Florida Petition for Registration of Foreign Judgment: While the core purpose remains the same, there may be specific types of petitions that cater to unique circumstances or variations in applicable laws. The following are some potential types: a. Money Judgment: This type of petition is filed when seeking enforcement of a foreign judgment involving monetary damages or obligations. Keywords: money judgment, monetary damages, obligations b. Property Judgment: A petition filed to enforce a foreign judgment involving the transfer or sale of property, ensuring compliance with the judgment's terms. Keywords: property judgment, transfer, sale, compliance c. Family Law Judgment: In certain cases, parties may seek registration of foreign judgments related to divorce, child custody, alimony, or child support matters. Keywords: family law judgment, divorce, child custody, alimony, child support d. Commercial/Business Judgment: This type of petition is specific to foreign judgments arising from commercial or business-related disputes, ensuring their enforceability in Florida. Keywords: commercial judgment, business judgment, enforceability, disputes 4. Procedure for Filing the Petition for Registration: a. Jurisdictional Analysis: Verify if the out-of-state judgment meets the requirements for registration in Florida, such as proper jurisdiction and compliance with procedural rules. Keywords: jurisdictional analysis, requirements, procedural rules b. Gathering Required Documents: Assemble all necessary documents, including certified copies of the foreign judgment, affidavits, and any applicable translations. Keywords: required documents, certified copies, affidavits, translations c. Filing the Petition: Prepare and file the petition with the appropriate Florida court and pay applicable filing fees. Keywords: filing the petition, appropriate court, filing fees d. Notice to the Debtor: Provide notice to the judgment debtor regarding the registration of the foreign judgment and the opportunity to contest or assert any relevant defenses within a specified timeframe. Keywords: notice to debtor, contest, defenses, specified timeframe e. Judicial Review and Decision: The court reviews the petition, supporting documents, and any debtor responses to determine whether the foreign judgment should be enforced in Florida. Keywords: judicial review, supporting documents, enforcement Conclusion: The Florida Petition for Registration of Foreign Judgment plays a crucial role in ensuring out-of-state judgments are recognized and enforced within the state. By understanding the various types of petitions and following the precise procedure, claimants can effectively enforce their rights and obtain the relief to which they are entitled. Keywords: recognition, enforce, rights, relief, entitled, procedure
