Legal Question in Civil Litigation in Florida
My husband signed a confession of judgment in the state of new York. Half was already paid to the plaintiff. We now live in florida and the plaintiff is threatening to garnish his wages for the balance. Is this possible? The judgment states that it can be enforced in any state in which he owns real property but he does not own real property in florida.
1 Answer from Attorneys
Hi. Judgments can be "domesticated," which means they can essentially move enforcement to Florida. There is a process where they petition a local Florida court and get an order. Once they have the order, they can use whatever legal collection rights are available to them. A Florida judgment attaches to real property owned in Florida. However, it can also usually be enforced and collected through things such as wage garnishments and other garnishments against available assets.
There is the domestication process they must go through before they can do any collecting in Florida. If they start that court process, your husband will get notice and have the ability to respond through the court case and raise any potential defenses.
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