Domesticating Foreign Judgments

Domesticating Foreign Judgments

What is a foreign judgment?

A “foreign judgment” is a judgment, decree, or order of a court of another state, territory, or commonwealth of the United States, which is entitled to full faith and credit in a Florida court. The judgment, decree, or order must be final to qualify for recognition in another court. Recognition under full faith and credit requires that the judgment be valid and final and meet applicable statutes and case law criteria. See Sistare v. Sistare, 218 U.S. 1, 30 S. Ct. 682, 54 L. Ed. 905 (1910). Once recognized by a Florida court, the judgment of a foreign state will be given full legal effect and enforced in Florida. See Walker v. Walker, 566 So. 2d 1350, 1352 (Fla. 1st DCA 1990).

For example, a judgment creditor may seek to domesticate a foreign judgment in a different jurisdiction when the debtor has assets in that jurisdiction that the creditor wishes to collect. Additionally, if the debtor moves to a new jurisdiction, the judgment creditor may seek to domesticate the judgment there to continue collection efforts.

Need help domesticating and enforcing a foreign judgment? Schedule your consultation with a top accounts receivable and judgment collections attorney today.

What legal issues typically arise related to domesticating a foreign judgment?

The following are among the most common disputes over the domestication of a foreign judgment:

• Florida jurisdiction: The court must first ensure it has jurisdiction to hear the case and domesticate the foreign judgment.
• Foreign court jurisdiction: The court that issued the foreign judgment must also have had jurisdiction over the case.
• Recognition of the foreign judgment: The court may need to determine if Florida law recognizes the foreign judgment for enforcement in the state.
• Due process: The court may question whether the judgment debtor received proper notice and an opportunity to argue their position in the foreign court proceeding.
• Fraud: The court may wonder if fraud or conspiracy was involved in acquiring the foreign judgment.
• Merits of the case: The court may review the case’s merits and decide whether the foreign judgment is valid and enforceable.
• Statute of limitations: The court may review whether the time to enforce the judgment has passed.
• Choice of law: The court may consider which law should apply to the case, the law of the foreign court or Florida law.

These are just some common issues regarding domesticating a foreign judgment in Florida. Every case is different and will depend on particular facts and circumstances. To see what issues and defenses may apply to your unique situation, please contact our office to set up your initial consultation.

What are relevant laws related to domesticating a foreign judgment in Florida?

Chapter 55 of the Florida State Statutes governs the domestication of a foreign judgment in Florida. More specifically, Sections 55.503 and 55.505 outline the process for filing a petition for domestication and the requirements for the foreign judgment to be recognized and enforced in Florida. In addition, Sections 55.507 and 55.509 clarify, respectively, when the court will recognize a foreign judgment as a lien and when the court will stay the execution of a foreign judgment.

What is required to petition to domesticate a foreign judgment in Florida?

The court must first recognize a foreign judgment before a creditor may enforce the judgment. Florida enacted the Florida Enforcement of Foreign Judgments Act (FEFJA) to facilitate recognition.

Under the Act, it is not necessary to file an action to enforce the foreign judgment; instead, under FEFJA, a judgment creditor records a certified copy of the foreign judgment in the official records of any county in Florida.

The process to domesticate a foreign judgment in Florida is as follows:

• Get a copy of the foreign judgment that has been signed off on by the issuing court;
• File a petition for the domestication of the foreign judgment in the circuit court of the Florida county where the debtor lives or has property;
• Serve the petition and a copy of the foreign judgment on the judgment debtor;
• Attend a hearing on the petition, if the court schedules one; and
• If the court grants the petition, the foreign judgment will become domestic and treated as a decision made by a Florida court.

Once a judgment is recognized, the enforcement method depends on the judgment’s subject matter. For most judgments, FEFJA dictates the terms of enforcement. For example, courts enforce money judgments from an out-of-country jurisdiction, child custody, child support, and protection orders against domestic violence under separate acts.

We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Based on our client’s objectives, we chart a path forward to seek remedies against judgment debtors, such as:

• Garnishment of wages
• Levy on bank accounts
• Writs of attachment on real property
• Writs of execution on personal property

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to domesticating a foreign judgment in Florida?

In Florida, judgment debtors often try to stop domestication and enforcement through the following defenses:

• Lack of personal jurisdiction: The foreign judgment may not be enforced in Florida if the issuing court did not have personal jurisdiction over the defendant.
• Service of process error: If the defendant did not receive proper notification of the lawsuit in the foreign court, the Florida court might be unable to enforce the judgment.
• Fraud: In Florida, evidence of fraud or collusion may make the court order unenforceable.
• Non-final judgment: A foreign court’s decision can’t be enforced in Florida if it isn’t final. If a judgment is not final, the foreign court can still hear an appeal or do more work on the case.
• Public policy: If a foreign judgment goes against Florida’s public policy, it is unenforceable.

Have more questions about a foreign judgment-related situation?

Crucially, this overview of domesticating foreign judgments does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.