Legal Question in Business Law in Florida

judgement collection

I received a judgement from the American Arbitration Association for $8345.00. I would like to know how I go about filing this judgement in a Florida court and how I can collect from California.


Asked on 1/27/04, 1:58 pm

6 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: judgement collection

The arbitration award has to be confirmed as a judgment. Then a sister state judgment can be filed. Collection methods depends on the type of business. Please contact our office at 714 363 0220.

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Answered on 1/27/04, 2:26 pm
Joel Selik www.SelikLaw.com

Re: judgement collection

WE collect Judgments.

The judgement must be confirmed by filing it in Court.

www.SelikLaw.com

800-894-2889

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Answered on 1/27/04, 2:47 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: judgement collection

I assume that you received the judgment here in CA. If the judgment creditor has any assets here (i.e. bank account), it should be easier to collect. You will still need to convert the award into a judgment by filing the appropriate documents with the state court. Then, you take a copy of that certified judgment, bring it to a FL court, have them open a sister-state judgment case, enter judgment, and then collect in FL. I've worked with an attorney in FL who handles these kinds of things for up-front payment. Let me know if you need help. Thanks. -Robert

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Answered on 1/27/04, 2:48 pm
David Slater David P. Slater, Esq.

Re: judgement collection

The award must be made into a money judgment in California. You would then need to domesticate it in Florida and then try to collect. Good luck.

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Answered on 1/27/04, 2:53 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: judgement collection

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The first step is to obtain a certified copy of the award reduced to a judgment from the appropriate authority in California.

Secondly, you will then need to get the judgment domesticated in the circuit court in the county where you believe the debtor has assets although it is valid statewide.

Florida law for domestication of a foreign judgment requires you to file the judgment as a new case in Florida. A certified copy is then sent to the judgment debtor who has 45 days to contest the judgment. Failing such, the judgment is valid throughout the state and is good for a period of ten (10) years from the date of recording.

I strongly suggest that you contact an attorney to help you with the domestication of the judgment in the State of Florida as it is a process which must be strictly complied with.

Scott R. Jay, Esq., 305-249-8000

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Answered on 1/27/04, 3:28 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: judgement collection

Your question implies that the debtor's assets are in California. If you can, reduce the award to a final judgment in the jurisdiction where the assets are located then issue execution.

If the award must first be reduced to judgment in Florida, then follow Mr Rothman's suggestion.

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Answered on 1/28/04, 7:24 pm


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