Attorneys Stephen Korshak and Lee Karina Dani

Yes, you can collect on a debt with domestication

On Behalf of | Mar 18, 2021 | Domestication of Foreign Judgments |

For most people, winning a case isn’t the end of things. That result has to be enforced as well.

For this reason, the United States and its territories have an agreement to enforce the judgments in those areas. Foreign judgments are different, though.

Before a foreign judgment can be enforced in the United States, the court has to recognize it. This process can be complex, which may make some people want to get a new judgment in the U.S. state where they are now located or where another party is located. However, it’s usually much faster, and more cost effective, to have a foreign judgment domesticated.

The importance of domesticating a foreign judgment

The importance of domesticating a foreign judgment is that it can then be enforced where you are. For example, if a judgment is recognized in the state of California, you may also want to have it recognized in Florida. This is particularly important for cases where the debtor has real estate or other tangible property physically located in Florida.

Domesticating a judgment allows it to be enforced in Florida, so that you can have all the rights and responsibilities of the original judgment where you are today.

How does domestication help in collections cases?

Domestication helps in collections cases because getting a claim domesticated allows you to pursue a judgment and have it enforced in the part of the United States where the debtor is located. For example, if they created a debt in Pennsylvania but then moved to Florida, you would have to seek domestication to seek that debt in the new state.

The Uniform Enforcement of Foreign Judgments Act is there to help

Thanks to the Uniform Enforcement of Foreign Judgments Act, it’s easier than ever to domesticate a judgment from any U.S. state or territory outside Florida. There is a specific protocol to follow, so your attorney will need to make sure you meet the requirements before you attempt to collect a debt in the state.

You may want to work with an out-of-state attorney on this process, so it’s important to find one familiar with domestication and the protocol to domesticate your judgment. Doing this will help you collect sooner.