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Category: Collections

  • Personal Service Unnecessary in Domestication Procedure

    On September the 5th District Court of Appeal issued its opinion in Pratt v. Equity Bank, (Fifth District Court of Appeal Case No. 5D12-4622, published September 27, 2013) ruling that the Florida Enforcement of Foreign Judgment Act (FEFJA) does not require a new service of process in Florida. In this case a creditor used the FEFJA procedure to domesticate a Kansas judgment in a Florida Circuit Court. Once the domestication process was complete, the creditor sought discovery under the Florida Rules of Civil Procedure. The debtor, having failed to respond to the discovery requests, was compelled by an order of the Court to produce the discovery responses and was at risk of being held in contempt under an order to show cause. The debtor ultimately asserted a jurisdictional defense that because he was not served with process in the domestication procedure, the Florida court was without jurisdiction over the debtor. The trial court overruled the debtor’s objection and an appeal ensued.

    The 5th District Court of Appeal held that once the creditor completed the FEFJA procedure the Kansas judgment had “the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state [Florida].”  The District Court rejected the debtor’s constitutional arguments concerning FEFJA’s alleged failure to meet due process standards and the debtor’s minimum contacts. In terms of minimum contacts, the Court ruled that enforcement of the foreign judgment was not barred as to the judgment debtor’s assets located here [in Florida].

    If you are attempting to collect a judgment in Florida which was issued by another State or foreign country, or you are defending a domestication action, the attorneys at Law Offices of Oates & Oates, P.A., can assist you.

  • Is your foreign judgment enforceable in Florida?

    More and more frequently I speak to judgment creditors with a judgment issued by a state other than Florida or from a jurisdiction outside the United States. The process of registering that judgment in Florida is called domestication. Once domesticated, the foreign judgment is given full faith and credit and is enforceable by Florida courts to the same extent as a Florida judgment.

    The issue that I notice more frequently is that some judgments issued by other state and foreign jurisdictions won’t meet the requirements of due process and the US Constitution when it comes to the question of whether the issuing court had personal jurisdiction over the defendant/debtor. Florida’s domestication or registration process recognizes the judgment debtor’s ability to contest the enforceability of the judgment at any time for lack of the original court’s jurisdiction over the judgment debtor.

    Let me explain by example. Some states provide very liberal jurisdiction (long-arm) statues which provide that those states have jurisdiction over non-resident persons or entities. Provided certain circumstances are met, whether or not the defendant/debtor was subject to the jurisdiction of the foreign court can be raised for the first time in Florida. This defense is an exercise in the US Constitutional limitations on due process grounds.

    As an illustration, an Arizona resident or business has a contract dispute with a Florida individual or corporation. The Florida individual or corporation does not have an office in Arizona nor has the Floridian ever done business in Arizona. If the agreement does not state where venue and jurisdiction is for any dispute between the parties, can an Arizonian sue the Floridian in an Arizona court? Perhaps Arizona law permits this; I am not a licensed Arizona attorney and do not know Arizona law. However, as soon as you bring your Arizona judgment to Florida to collect it, the judgment debtor will object that they were not subject to the jurisdiction of the Arizona courts. Florida law permits the judgment debtor in this example to raise this defense at any time (provided it hasn’t been waived in some fashion). Now you, as the judgment creditor, have shown your cards in your collection attempt and you are barred from collection based upon jurisdictional grounds. You are left with only two options. 1.) You must reinstitiute your suit in a Florida court in the jurisdiction where the debtor resides, has assets or has an office for the conduct of its business. Caution: This may subject you to counterclaims in Florida. Alternatively, 2.) You can attempt to collect only against assets of the debtor located in the issuing court’s jurisdiction.

    Read more about the domestication process in Florida

    Before you hire an attorney to help you bring your judgment to Florida, make sure they consult with you on the issue of the originating court’s jurisdiction. Because this is such a tricky area of the law, make sure you hire an attorney with experience in dealing with the nuiances of this area of practice. If you would like to the speak with an attorney about the collection of your judgment, please call. We also represent Defendant/Debtors attempting to avoid domestication.

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements.  Before you decide, ask us to send you free written information about our qualifications and experience.

  • Foreign Judgment Domestication & Enforcement

    Question: How can I enforce a judgment issued by a court in my home state/country against a person or entity located in Florida?

    Florida Courts recognize the principal of full faith and credit from the United States Constitution and permit the enforcement of a judgment issued by another State or Foreign country’s court as a Foreign Judgment. The process of registering a Foreign Judgment for enforcement is known as domestication and is a prerequisite to enforcement of a Foreign Judgment.

    In order to enforce a Foreign Judgment issued by a court outside Florida, certain requirements must be met. Generally speaking, the Foreign Judgment must be recorded in the county where enforcement is sought. Once the Foreign Judgment is recorded there is a stay of enforcement for thirty days for the judgment debtor to object to the recording of the foreign judgment. If no objection is made, the judgment is considered fully domesticated and is afforded all the same rights and enforcement privileges as a Florida issued judgment. It is at this point that the Foreign Judgment may be used to obtain a writ of execution in order to enforce the judgment.

    Do you have a judgment from a state or country other than Florida and wish to enforce it against a Florida person or entity? If so we may be able to assist you in collection of your judgment. Please see the menu item, Contact, to the left and call or email to get in touch with an attorney for further assistance.

    • Domesticate a Foreign Judgment anywhere in Florida
    • Enforce a judgment in Pompano Beach, Florida
    • Enforce a judgment in Fort Lauderdale, Florida
    • Enforce a judgment in Deerfield Beach, Florida
    • Enforce a judgment in Coral Springs, Florida
    • Enforce a judgment in any other city in Broward County, Florida

    Click here to read more information about this firms judgment domestication services