Domesticating an International Judgment in Florida
In a prior post I wrote about the process for domesticating a foreign out-of-state judgment in Florida. What many do not know, is that Florida also provides for the recognition and domestication of international judgments.
South Florida especially, is an international melting pot. Foreign nationals from all over the world make South Florida their home, at least part of the time. Furthermore, it is common for wealthy nationals from countries with unstable political or economic conditions to keep valuable assets here in South Florida. Often these assets are most often in the form of real estate or business interests (often holding real estate).
Being that there are a high number of foreign individuals, it stands to reason that often time these individuals are also judgment debtors. Throughout the years, Andre Law Firm has been retained to domesticate and enforce international judgments against such individuals.
Uniform Out-of-country Foreign Money-Judgment Recognition Act
Fla. Stat. § 55.601 is the Uniform Out of Country Foreign Money Judgment Recognition Act. This statute governs, recognition of international judgments. As is the case with out-of-state foreign judgments, out-of-country foreign judgments must first be recognized, or domesticated, before being enforced. The burden is first on the judgment creditor to prove that the foreign judgment is valid, final, and conclusive where rendered, and that it grants or denies the recovery of a sum of money.
Similar to the process of domesticating out-of-state judgments, The Judgment Creditor must record a certified/exemplified copy of the judgment (along with certified translations if necessary) along with an affidavit from the judgment creditor attesting to the finality of the judgment and giving the contact information of the judgment debtor. The judgment is recorded simultaneously with the filing of the affidavit, and the clerk mails to the judgment debtor a Notice of Recording of out-of-country foreign judgment and shall make note of the mailing on the record. After service of the Notice of Recording of out-of-country foreign judgment, the judgment debtor shall have thirty days to respond in opposition to the domestication of the foreign judgment, and shall file a Notice of Objection specifying all grounds for nonrecognition or non-enforceability of the same.
The statute enumerates mandatory and discretionary grounds for non-recognition of the foreign judgment, which the debtor can raise during this 30-day objection period. To keep the post short, we will just direct you to Fla. Stat. § 55.605. If the judgment debtor fails to object in the 30 days the judgment will be recognized and subject to enforcement. If they do not object, enforcement is stayed until a hearing (usually evidentiary) is held on the objection.
Use an Experienced Law Firm
These matters can be hotly contested because often these types of judgment debtors have the means to employ attorneys, and often have already employed sophisticated asset-protection measures to protect their local assets. Hiring an experienced firm like Andre Law Firm P.A. is absolutely vital to enforcing such a judgment. Contact us today to discuss the domestication of international judgments, or any other creditor’s rights matter you have questions about.