Enforcing Out-of-State Judgments in Florida
Quick Read Summary (TLDR)
Enforcing out-of-state judgments against a debtor in Florida requires a legal process called “domestication” before any assets can be seized. US judgments are domesticated under the Florida Enforcement of Foreign Judgments Act (FEFJA), a streamlined process where a certified copy is recorded with a Florida Circuit Court. International money judgments require recognition under the Uniform Out-of-Country Foreign Money-Judgment Recognition Act, which is more complex and allows for debtor objections on grounds like lack of jurisdiction. Both processes give the debtor a 30-day window to object after receiving notice, but if successfully domesticated, the judgment gains the full force of a Florida judgment. Due to strict procedural rules and the potential for debtor challenges, consulting an experienced Florida collections attorney is crucial for successful enforcement and asset recovery.
Reach out to South Florida Law for local representation of your matter by calling (954) 900-8885 or via our contact form.
Many people win lawsuits in New York, California, or outside the United States, but the debtor flees to Miami, Florida to hide assets. These creditors often don’t realize they cannot simply seize a Florida bank account with a New York court order—or a judgment from Canada, the EU, or elsewhere.
Before taking any collection action in Florida, an out-of-state or international judgment must first go through a legal process called “domestication.”
Two Separate Legal Frameworks
Florida provides two distinct statutory frameworks for domesticating out-of-state judgments, depending on where the original judgment was issued.
For judgments from other US states, US federal courts, and US territories such as Puerto Rico, Guam, and the US Virgin Islands, Florida applies the Florida Enforcement of Foreign Judgments Act (FEFJA), codified in Florida Statutes Sections 55.501 through 55.509. This streamlined process exists because the US Constitution’s Full Faith and Credit Clause requires states to honor valid court judgments from sister states and territories.
For judgments originating in foreign countries—such as Canada, Mexico, the United Kingdom, or any nation outside US jurisdiction—Florida applies the Uniform Out-of-Country Foreign Money-Judgment Recognition Act, found in Florida Statutes Sections 55.601 through 55.607. This separate framework addresses the additional complexities involved when no constitutional mandate for recognition exists.
Domesticating US State and Territory Judgments
The FEFJA provides a relatively straightforward path for creditors holding judgments from other states or US territories. Rather than filing an entirely new lawsuit, a judgment creditor can record the foreign judgment with a Florida circuit court clerk—transforming it into a judgment with the same legal weight as one originally issued by a Florida court.
The first step involves obtaining a certified copy of the original judgment from the court that issued it. This certified copy must comply with authentication requirements under Florida or federal law.
Next, the judgment creditor must prepare and file a notarized affidavit containing specific information required by Florida Statutes 55.505. This affidavit must include the judgment debtor’s name, last known address, and Social Security number if known, along with the judgment creditor’s contact information.
Both documents are then recorded with the clerk of the circuit court in the Florida county where the debtor resides or holds assets. For judgments of $15,000 or more, the case falls under Circuit Civil jurisdiction. Smaller judgments are handled through County Civil court.
Once the documents are recorded, the clerk mails notice to the judgment debtor by registered mail. This notification triggers a critical 30-day waiting period during which no enforcement action can occur.
Domesticating International Judgments
Judgments from foreign countries require additional steps under Florida’s Uniform Out-of-Country Foreign Money-Judgment Recognition Act. This act applies to any judgment from a foreign nation that is final, conclusive, and enforceable where it was rendered—even if an appeal is pending.
If the judgment is written in a foreign language, a reliable English translation must accompany the filing. Additionally, any monetary award must be converted into US dollars. The judgment creditor must file the certified judgment and a notarized affidavit with the clerk of the circuit court in the county where enforcement is sought.
Similar to the process for US-based out-of-state judgments, the clerk mails notice to the judgment debtor, who then has 30 days to file an objection specifying grounds for nonrecognition. If no objection is filed, the clerk records a certificate confirming that the international judgment is enforceable in Florida. If the debtor does object, the circuit court will conduct a hearing and enter an order either granting or denying recognition.
Florida courts may refuse to recognize an international judgment under certain circumstances, including situations where the foreign court lacked proper jurisdiction or where the debtor did not receive adequate notice of the proceedings.
The Debtor’s Right to Challenge
Under both statutory frameworks, Florida law gives debtors of out-of-state judgments 30 days after receiving notice to contest domestication. A debtor may challenge the jurisdiction of the original court or the validity of the judgment itself. If such a challenge is filed, the court will stay enforcement until the matter is resolved.
However, if no objection is filed within the 30-day window, the judgment becomes fully enforceable in Florida.
Statute of Limitations Considerations
Timing matters significantly when domesticating foreign judgments. Florida courts have determined that a 20-year limitation period applies to enforcing domesticated judgments—the same timeframe that applies to Florida’s own domestic judgments. However, creditors must act before the judgment expires under the laws of the jurisdiction where it was originally issued. The interplay between Florida’s enforcement period and the original jurisdiction’s limitations can create complex timing issues that benefit from professional legal analysis.
Powerful Collection Tools After Domestication
Once a foreign judgment becomes a Florida judgment, creditors gain access to Florida’s robust enforcement mechanisms. These tools include garnishment of bank accounts and wages in qualifying circumstances, writs of execution to seize non-exempt assets, and the ability to place liens on real property owned by the debtor in any Florida county. Florida law also provides extensive discovery procedures—including proceedings supplementary—to help locate hidden assets.
“Once a foreign judgment becomes a Florida judgment, creditors gain access to Florida’s robust enforcement mechanisms.”
The Importance of a Florida Attorney
While the domestication process may appear manageable, strict compliance with each statutory requirement is essential. International judgment enforcement can be particularly complicated, involving questions of foreign court jurisdiction, translation requirements, and grounds for nonrecognition that do not apply to US judgments.
Missing a deadline, filing in the wrong county, or preparing incomplete documentation can delay collection efforts or jeopardize enforcement rights entirely. For individuals and companies holding judgments against Florida debtors—whether from another state, a US territory like Puerto Rico, or a foreign country—consulting with an experienced Florida collections attorney provides the best path toward successful recovery. A knowledgeable attorney can navigate the procedural requirements of both statutory frameworks, respond to debtor challenges, and implement effective post-judgment collection strategies tailored to each unique situation.
South Florida Law
Are you facing a situation where a defendant has run to Miami, Florida in an attempt to hide assets they owe to you? The good news is that you can take action to secure your money without going back to court.
However, beware of “going it alone” and attempting to navigate the complex process of domestication by yourself. The business attorneys of South Florida Law have extensive experience in handling Florida matters that involve clients from out of state or out of the US.
Reach out to us for representation by calling (954) 900-8885 or reach out via our contact form.
