Judgment Collection

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 …

State Where Collection Takes Place Governs Collection Law and ProcedureRead More

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 …

Options To Enforce Foreign State Judgments in FloridaRead More

Parties involved in litigation some times request financial information about the opposing parties. The requests may be expressed broadly to include proprietary or personal financials. My clients have often asked whether they can be compelled to reveal financial information to opposing parties. The answer depends upon the nature of litigation. Prior to judgment, the scope …

Discovery of Personal Financial Information During LawsuitRead More

One of my clients had a judgment entered against him from a business transaction in Florida during a time when he was living in Florida. After the business relationship ended, and after the lawsuit and judgment, my client moved to Canada where he established a new residence. He asked whether the Florida judgment could be …

Enforcing a Florida Judgment in CanadaRead More

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 …

Limitations Period Applicable Domesticated Foreign State JudgmentsRead More

Sometimes clients ask me whether they should fill out a financial affidavit after the injured person in a car accident requests the affidavit from the insurance company. This situation typically comes up when the client’s insurance company makes a settlement offer to the injured person, but the injured person (and their attorney) wants the financial …

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

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 …

Fraudulent Transfer Statute of Limitations in Collection of Criminal RestitutionRead More