Often an out-of-state creditor contacts our firm regarding going after a debtor who lives in Florida. What can a creditor do to obtain relief in Florida Courts? Here is a brief overview:
State Court Judgments
While counties in Florida do the domestication process slightly differently, the overall process is universal. The out of state creditor will require an “exemplified” of the original out of state final judgment. An exemplified copy is essentially a certified copy of a judgment that is also signed by a judge verifying the clerk’s certification. A judgment creditor’s affidavit is also required in support of the domestication. A local attorney should prepare a judgment creditor’s affidavit. The affidavit should offer details about the judgment and the contact information for creditor and debtor. These two items are filed with the local clerk’s office, along with a filing fee. While you can file the judgment in any county in Florida, it is best practice to file in the county in which the assets you would like to seize or take a lien against are located. Having an experienced collection firm like Andre Law is crucial in navigating any potential pitfalls.
The clerk will record the judgment and affidavit in the county official records and send a formal statutory notice to the judgment debtor. The judgment debtor then has 30 days after the notice is provided in which he or she can challenge the validity of the judgment. This will only happen in very rare instances. If the judgment debtor takes no action, the judgment will be considered final and will have the same effect as a judgment made in Florida. No collection activity can occur during this 30-day window, something that the client should be well aware of. After the 30-day window has lapsed, the creditor can use every Florida judicial collection tool at his or her disposal to collect on the judgment.
Federal Court Judgments
“Domesticating” a federal court final judgment rendered in an out-of-state federal court is a bit easier of a process and is governed by federal statute. The process is also referred to as “registering.” Typically, a certified copy of the original final judgment, a form called a “Clerk’s Certification of a Judgment to be Registered in Another District,” along with a small fee is all you technically need to register your judgment in Florida. Again, you should do this in the District Court division that services the area your judgment debtor’s assets can be found in (e.g. for a debtor residing in Boca Raton with assets there, it would be ideal to register in the Southern District of Florida West Palm Beach Division).
Once the judgment is registered, the federal rules of procedure allow the creditor to use either applicable federal procedure or state procedure/laws for the collection of the judgment. Andre Law, with its vast experience in this area, can guide creditors on what procedures or tools are available to best effectuate enforcement of the out-of-state judgment. Learn more about our foreign judgment domestication practice.