Legal Question in Credit and Debt Law in Florida

Creditor filing request for judgment

A request for judment was filedin Escambia County florida in October 2001, in September 2002 I moved to the state of Alabama. The creditor is attempting to move the judge to finalize the judment. I had previously filed an Affidavit alleging violations of The Fair Debt/collections Act. Have heard nothing from the court. Does creditor have to refile in Alabama, is there a statue of limitations on such actions?


Asked on 12/22/02, 2:20 pm

2 Answers from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Creditor filing request for judgment

If the creditor obtains a judgment in Florida, the creditor can register the foreign judgment in Alabama, but they must obtain service upon you, and you may contest it in Alabama. If you know about the Florida case and do not properly defend yourself, a judgment may be entered, and you may be hard pressed to contest it in Alabama so you should defend yourself properly in Florida which may entail your hiring an attorney in Florida. If no judgment has been rendered in Florida, the case will continue until the creditor wins, you win, a judgment is entered, or the case is thrown out - depending on what happens in the case.

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Answered on 12/23/02, 11:05 am
David Slater David P. Slater, Esq.

Re: Creditor filing request for judgment

Florida Statute of Limitations in generally 5 years. If a lawsuit was started against you in Florida you must file a written answer to the complaint or a default judgment will be entered against you. You should have an attorney look into the court proceeding. If a judgment is entered against you they can then proceed to have the judgment enforced in AL. Good luck.

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Answered on 12/22/02, 2:33 pm


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