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  3.  » Understanding the Uniform Enforcement of Foreign Judgments Act

Understanding the Uniform Enforcement of Foreign Judgments Act

| Jan 13, 2021 | Domestication of Foreign Judgments |

The Uniform Enforcement of Foreign Judgments Act (UEFJA), known in Florida as the Florida Enforcement of Foreign Judgments Act, helps states to work together when it comes to the enforcement of judgments across state lines. It can be particularly useful for those who are owed money, but it may also be useful to those engaged in a business contract dispute or a property dispute.

Forty-seven states plus the District of Columbia follow the UEFJA. Florida is one of these states. If you are owed money by someone who is living out of state or has assets out of state, you may need the assistance of the UEFJA to successfully gain back what you are owed. The following is an overview of how the UEFJA can help you to enforce your judgment.

You’ll need to get a judgment first

Regardless of whether the debtor lives in Florida or out of state, you’ll need to first take action to get a judgment made against the person who has financially harmed you. Once you have done so and want to collect on it, that’s when it’s time to take advantage of the UEFJA.

Converting your foreign judgment

The UEFJA will enable you to convert a foreign judgment into a domestic judgment. For example, if you obtained a judgment in North Carolina but the person you have a judgment against is living in Florida, you will need to covert it.

First, a Notice of Filing will need to be prepared in the County where the judgment debtor is known to reside. Then, the state judgment will need to be provided, as well as an affidavit to show that the state court judgment has not yet been satisfied. Once the judgment is domesticated, the collection procedure will be the same as it would have been in the foreign state.

If you believe that you need to domesticate a judgment in Florida, make sure that you understand how the process would apply to your situation.

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