It’s difficult enough to obtain a judgment against a debtor. But when the debtor resides in another jurisdiction, the process becomes even more arduous. So when you need someone to help you with foreign or sister-state judgment domestication and enforcement, you need experienced and savvy legal representation. That’s what you’ll find at Andre Law Firm in Miami.
Often a judgment is entered against a debtor in a state other than Florida (known as a “foreign” state). But any such judgment must be enforced in Florida because the debtor either lives here or has assets here, which may be subject to execution. When you have received a judgment against a person who lives in another state, you can’t collect it until a Florida court becomes involved. In layman’s terms, the judgment must be “domesticated;” that is, “brought home” or transferred to a Florida court so the local court can then assume jurisdiction. Most judgments entered in other state courts are enforceable in Florida.
The process is complicated, and must conform to the requirements of the Florida Enforcement of Foreign Judgments Act (FEFJA, Florida Statute 55.501), which are somewhat confusing. In order to collect a judgment against a debtor located in another state, it is necessary to perfect your judgment lien locally. Fla. Stat. 55.501 requires an exemplified foreign judgment to be recorded locally. Then the clerk of court (and sometimes the attorney) issues a notice of foreign judgment to the Debtor. Pursuant to the statute there is a 30-day moratorium where the debtor can contest enforcement.
Andre Law has domesticated foreign judgments in state and federal courts throughout the state of Florida. We can navigate the complexities of this byzantine process for you, helping ensure you obtain relief in Florida courts, whether state or federal. Furthermore, after the judgment is domesticated Andre Law has the knowledge and experience to aid in collection against the debtor.
If you have a foreign state judgment that needs to be enforced anywhere in Florida, let Andre Law be your advocate.