How Do I Enforce a Foreign Judgment in Florida?
Full Question:
I need to know how to file a judgment from Georgia in Florida.
06/18/2009 |
Category: Judgments ยป Foreign Judg... |
State: Georgia |
#17048
Answer:
Please see the following Florida statutes:
55.503 Recording and status of foreign judgments; fees. —
(1) A copy of any foreign judgment certified in accordance
with the laws of the United States or of this state may be
recorded in the office of the clerk of the circuit court of
any county. The clerk shall file, record, and index the
foreign judgment in the same manner as a judgment of a
circuit or county court of this state. A judgment so
recorded shall have 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.
(2) Any person recording a foreign judgment shall pay to the
clerk of the circuit court a service charge as is required
for the recording of an original action demanding the relief
or judgment granted in the foreign judgment.
55.505 Notice of recording; prerequisite to enforcement. —
(1) At the time of the recording of a foreign judgment, the
judgment creditor shall make and record with the clerk of
the circuit court an affidavit setting forth the name,
social security number, if known, and last known post office
address of the judgment debtor and of the judgment creditor.
(2) Promptly upon the recording of the foreign judgment and
the affidavit, the clerk shall mail notice of the recording
of the foreign judgment, by registered mail with return
receipt requested, to the judgment debtor at the address
given in the affidavit and shall make a note of the mailing
in the docket. The notice shall include the name and post
office address of the judgment creditor and of the judgment
creditor's attorney, if any, in this state. In addition, the
judgment creditor may mail a notice of the recording of the
judgment to the judgment debtor and may record proof of
mailing with the clerk. The failure of the clerk to mail
notice of recording will not affect the enforcement
proceedings if proof of mailing by the judgment creditor has
been recorded.
(3) No execution or other process for enforcement of a
foreign judgment recorded hereunder shall issue until 30 days
after the mailing of notice by the clerk and payment of
a service charge of up to $42 to the clerk. When an action
authorized in s. 55.509(1) is filed, it acts as an automatic
stay of the effect of this section.
55.509 Stay of enforcement of foreign judgment. —
(1) If, within 30 days after the date the foreign judgment
is recorded, the judgment debtor files an action contesting
the jurisdiction of the court which entered the foreign
judgment or the validity of the foreign judgment and records
a lis pendens directed toward the foreign judgment, the
court shall stay enforcement of the foreign judgment and the
judgment lien upon the filing of the action by the judgment
debtor.
(2) If the judgment debtor shows the circuit or county court
any ground upon which enforcement of a judgment of any
circuit or county court of this state would be stayed, the
court shall stay enforcement of the foreign judgment for an
appropriate period, upon requiring the same security for
satisfaction of the judgment which is required in this
state.