Legal Question in Credit and Debt Law in New York
Domesticating Judgment
My firm has a Florida judgment against someone who now lives in New York (Nassau County). Can anyone tell me the process of filing this judgment in New York? Thank you.
2 Answers from Attorneys
Re: Domesticating Judgment
You obtain an exemplified copy of the judgment and follow the procedure specified in the CPLR. This assumes the underlying judgment was not based on a default. If it was the procedure is different and more complicated.
You didn't indicate if your "firm" is a law firm or some other type of firm. If your firm is not a NY law firm, you need a local attorney to assist you.
This is something my firm has a lot of experience doing.
Feel free to contact me if you would like to get us involved.
Best regards,
Re: Domesticating Judgment
If the Judgment is not based on a default, the Nassau County Clerk will except a certified copy of the Judgment. I am usually at the clerk's office on a weekly basis and it would be no problem to file the document.
If the Judgment is based on a default, you would have to commence an action in Nassau County based on the judgment. There is no defense on the merits of the cause of action. The only defense is either that Florida did not have personal or subject matter jurisdiction over the defendant.
Mike.