Legal Question in Business Law in Florida

Re: Foreign judgment filing

Florida Statutes Chapter 55 deals with the domestication of a foreign judgment. After you have followed the appropriate steps in recording the judgment, Florida Statute allows the adverse party the opportunity to contest the judgement. Florida Statute 55.509 Stay of enforcement of foreign judgment provides:

(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.

If there is not an independent action filed within the 30 day period, Florida Statute 55.604 provides: "If the judgment debtor fails to file a notice of objection within the required time, the clerk of the court shall record a certificate stating that no objection has been filed." It would be wise for you to monitor your action by calling the clerk of the court where the judgment was filed in order to ascertain whether or not the adverse party is contesting the action.

I do not know the amount in controversy, but I would suggest that if the amount warrants the expense, it would be wise for you to retain the services of a qualified attorney to represent you in this matter.

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