Domesticating a Foreign Judgement
Making a Foreign Judgment Valid in Florida
When a person wants to make a judgment from another state or country enforceable in Florida, they go through a process called domestication. This means that the judgment from outside Florida is treated the same as if it were made in Florida.
The right to do this is based on the Full Faith and Credit Clause in the U.S. Constitution, which says that every state must respect the legal decisions made by other states. In Florida, the rules for domesticating foreign judgments are set out in state law, specifically Florida Statute 55.604.
The process of domestication can vary depending on the jurisdiction in Florida the case is being handled. Some places have simple requirements, while others are more detailed.
There are also ways to bypass the usual process and file a lawsuit based on the foreign judgment, but this can be more costly and time-consuming. It’s important to get advice from a lawyer who knows about domestication and understands the specific rules in different parts of Florida.
Common Problems with Domesticating Foreign Judgments
There are several legal challenges that can come up when trying to make a foreign judgment valid in Florida. Some of the most common issues include the following: The court must first decide if it has the authority to handle the case and domesticate the judgment. It also needs to confirm that the court that issued the original judgment had proper authority.
The court must check if the person being sued was given proper notice and had a chance to defend themselves, or if their rights were violated in any way. The court will also look for any signs of fraud or dishonesty in the original case. Lastly, the court must make sure that the time limit for domesticating the judgment has not passed.
If you hold a judgement against a defendant that has moved to the State of Florida, contact our office to begin the process of domesticating the judgement.
Limitations on Domestication of Foreign Judgements.
Imagine you won a personal injury suit for $20 million in another state years ago, but are yet to collect on what you are owed, and the Defendant has now moved to Florida. What can you do to enforce that Judgement?
Florida law (Statute §55.081) limits the lifespan of a judgment to 20 years. Specifically, a judgment cannot be a lien on property in Florida for more than 20 years from the date it is entered. This 20-year limit also applies to the domestication of foreign judgments, as required by both state law and the U.S. Constitution’s Full Faith and Credit Clause.
However, if your judgment is close to expiring, you can renew it. There is no limit to how many times a judgment can be renewed, though many people are unaware of this option. Renewing your judgment is the best way to keep collecting the debt or to domesticate a foreign judgment.
Grounds for non-recognition of out-of-country foreign judgments.
Is your out-of-country foreign judgement eligible to be recognized in the state of Florida?
Section 55.605 of the Florida Statutes governs the grounds for non-recognition. Non-recognition means that the foreign judgement will be deemed unenforceable in this state. Some examples of the reasons for non-recognition of the judgement are as follows:
- if the judgement was obtained under a system whose procedures are not compatible with the U.S. and state of Florida requirements of due process of law;
- if the original court did not have proper jurisdiction over the defendant or subject matter;
- if the defendant did not receive proper notice of the initial case;
- if the judgement was obtained by fraud;
- if the relief on which the judgement is based upon is repugnant to the public policy of the state of Florida.
These are only some examples of non-recognized out-of-country foreign judgements. If you hold a judgement against a defendant that has moved to, or property located in, the state of Florida and are unsure rather or not the judgement is considered enforceable in the state of Florida, contact our office to begin the process of domestication and enforcement.
Get help from a Domestication & Collection Attorney
If you have a judgement that you want to domesticate, or that is about to expire, it is best to reach out to an attorney to help ensure your rights. Hiring an attorney provides you with someone who will ensure that your paperwork is filed correctly, that all the necessary information is provided to the court, and that your judgement is handled with the utmost care.