Florida Petition for Registration of Foreign Judgment

State:
Multi-State
Control #:
US-03248BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

In Florida, a judgment lien has a limited lifespan of ten years from the date of its issuance by the court. ingly, the judgment creditor must renew the lien to keep the lien in effect beyond these ten years by filing a renewal affidavit with the Clerk of Court in the court responsible for the initial judgment.

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.

Florida Enforcement of Foreign Judgment Act was established to allow holders of uncollected foreign judgments to domesticate the judgment and have a writ of execution issued in the Florida county where the judgment is recorded without having to file suit or pay a filing fee.

Florida courts have also ruled that the Florida 20 year statute of limitation to a foreign judgment filed in Florida. Thus, although the state where the judgment originated might have a shorter statute of limitations, in Florida the 20 year statute applies once the judgment is recorded in Florida.

FEFJA (Florida Enforcement of Foreign Judgment Act) allows holders of uncollected foreign judgments to domesticate the judgment and have a writ of execution issued in the Florida County where the judgment is recorded without having to file suit or pay a filing fee.

For a non-reciprocating territory, a foreign judgment may be enforced by filing a new suit in an Indian court within a period of three years as specified under the Limitation Act, 1963, commencing from the date on which the judgment was passed by the foreign court.

DOMESTICATION of a foreign judgment allows it to be enforced as if it was a Florida judgment. ENFORCEMENT of a foreign judgment is the action taken to attempt to have the judgment paid or satisfied, such as filing a judicial action, seeking to garnish assets, or attach and sell property owned by the judgment debtor.

In Florida ?no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment.?18 In order to retain a lien for the maximum period of 20 years, the certified copy of the judgment must be recorded ...

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Florida Petition for Registration of Foreign Judgment