To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

How a domesticated foreign judgment might be enforced

 

Imagine you are part of a lawsuit in New York or California, and at the conclusion, you receive a significant monetary judgment. But the case took a long time to resolve, and the defendant has since moved to Florida. All their assets are now in the Sunshine State – meaning if you want to collect what you are owed, it has to happen in Florida.

In the modern world, this type of situation is not uncommon. And there is a legal path to ensure you get what is rightfully yours, without having to go through another laborious process.

 

Enforcing a foreign judgment

In Florida, creditors owed compensation as part of a judgment from outside the state have a legal avenue for enforcing it. This legal avenue is known as domestication of a foreign judgment. If approved, it allows the plaintiff to collect as though the judgment had come from Florida. That might mean:

  • Wage garnishment
  • Freezing the debtor’s bank accounts
  • A lien on the defendant’s property
  • The sale of property via a levy

In some cases, domesticating a foreign order may be the only realistic way to collect on a judgment.

Are there benefits to domesticating a foreign judgment?

By domesticating a foreign judgment, you can take use any method allowed under Florida law to discover and collect the debtor’s assets and use the Florida courts to enforce your rights. This may make the enforcement process both cheaper and faster than trying to collect another way.

In addition, it may make the collection process more convenient. For example, maybe you now live in Florida and can oversee the process from home. Or maybe the defendant doesn’t have easily accessible property outside of Florida. It’s something techniques such as an asset search may be able to help determine.

Any time there are legal matters that cross state lines, things have the potential to become far more complicated than you anticipated. In some situations, however, Florida’s foreign judgment domestication law may offer a clear solution.

No Comments

Leave a comment
Comment Information

Request Your Free Telephone Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

${site.data.firmName}${SEMFirmNameAlt}

North Office
950 S. Winter Park Dr
Suite 290
Casselberry, FL 32707

Toll Free: 888-681-4389
Casselberry Law Office Map

South Office
BY APPOINTMENT ONLY
14115 Town Loop Blvd #300
Orlando, FL 32837

Toll Free: 888-681-4389
Orlando Law Office Map

At Korshak & Associates, P.A. we love feedback from our clients. Please take a moment and tell us how we’re doing!

Loading...