State Where Collection Takes Place Governs Collection Law and Procedure

A civil judgment rendered in one state is enforceable in any other state under the concept of “full faith and credit.” The U.S. Constitution provides that each state must give full faith and credit to a civil order issued in another state’s court. For example, a money judgment issued in a Georgia court can be …

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What Happens to Community Property Rights When You Become a Florida Resident?

A client, a married man, acquired and owned a LLC membership interest in his own name while living in Texas. He and his wife moved to Florida. A Texas court entered a money judgment against the wife only, and the creditor moved the judgment to Florida. Texas is a community property state; Florida is not …

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Options To Enforce Foreign State Judgments in Florida

Most creditors understand that if they obtain a money judgment in a state other than Florida the creditor can transfer the judgment to Florida in order to pursue the debtor’s Florida assets. Creditors are often uniformed about how long they have to collect the foreign judgment in Florida. The question is: what is the statute …

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Limitations Period Applicable Domesticated Foreign State Judgments

One of my clients had a judgment issued against him in 2009 in a Georgia civil case. The client retired and moved to Florida in 2016. Upon discovering my client changed residence to Florida move the creditor domesticated the Georgia judgment in Florida in 2016. Georgia law provides that Georgia judgments expire in no longer …

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Should You Fill Out a Financial Affidavit After a Car Accident?

After a car accident, an attorney for injured person, or their insurance company, often will request that the party at fault complete a financial affidavit or an affidavit of no other insurance or assets. Should you fill it out? First of all, no Florida law requires you to submit a financial affidavit after a car …

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Fraudulent Transfer Statute of Limitations in Collection of Criminal Restitution

Florida law, and the law of most states, imposes a four year statute of limitations on a creditor’s allegations of fraudulent transfers under the fraudulent conveyance statute. The four year limitation does not apply when the creditor is the U.S. federal government or a government agency collecting court-ordered restitution. A recent Colorado federal court case …

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Statute of Limitations For Credit Card and Mortgage Debts

I have been asked many times over the years about the statute of limitations applicable to mortgages and credit card debt. The statute of limitations is a legal term that determines how loan may a bank due a debtor for missing a mortgage payment of defaulting on payments under a credit card agreement. The most …

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