Enforcing Foreign Judgments in Florida

A foreign judgment in Florida is a court decision from another state or country that a creditor wants to enforce against a debtor who has assets in Florida. Florida law allows creditors to enforce out-of-state and international judgments, but there are specific steps that must be followed to make the judgment legally binding within the state. Enforcing a foreign judgment can help creditors collect debts when the debtor relocates or holds property in Florida.

Florida has adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA) for judgments from other U.S. states. International judgments are governed by different rules and typically require a new lawsuit to recognize the judgment.

What Is a Foreign Judgment Under Florida Law?

In Florida, a foreign judgment refers to two different categories:

• Out-of-State Judgments: A judgment entered by the court of another U.S. state.
• International Judgments: A judgment entered by the court of a foreign country.

Florida treats these differently. Enforcing a judgment from another U.S. state is often faster and more straightforward under the UEFJA. In contrast, enforcing a judgment from another country requires filing a separate lawsuit asking a Florida court to recognize the judgment under principles of comity.

How to Enforce an Out-of-State Judgment in Florida

To enforce a judgment from another U.S. state, a creditor must domesticate the judgment in Florida. Domestication gives the foreign judgment the same force and effect as a Florida judgment. The process follows these steps:

Step 1: Record the Judgment

The creditor must file an authenticated copy of the out-of-state judgment with the clerk of court in any Florida county where the debtor owns property or has assets. The judgment must be certified by the original court that issued it.

Step 2: File an Affidavit

Along with the judgment, the creditor must file an affidavit stating:

• The name, social security number (if known), and last known address of the debtor.
• The name and address of the creditor.
• That the judgment is final and unsatisfied.

The affidavit helps the Florida court confirm basic information about the parties and the judgment.

Step 3: Serve Notice on the Debtor

After the judgment and affidavit are recorded, the creditor must send the debtor a Notice of Recording by mail. The debtor has 30 days from receiving the notice to contest the domestication if there are valid defenses, such as the judgment being satisfied, appealed, or not final.

Step 4: Begin Enforcement

If the debtor does not successfully challenge the judgment within 30 days, the judgment becomes enforceable as if it were a Florida judgment. The creditor can then use Florida collection tools like wage garnishment, bank account levies, and property liens.

How to Enforce a Foreign Country Judgment in Florida

Enforcing a judgment from another country in Florida is more complex. Florida does not automatically recognize foreign country judgments under the UEFJA. Instead, the creditor must file a new lawsuit called an action to recognize and enforce a foreign judgment.

Here are the steps:

Step 1: File a Lawsuit to Recognize the Judgment

The creditor must file a lawsuit in Florida state court. In the lawsuit, the creditor asks the court to recognize the foreign judgment based on the legal principle of comity, meaning mutual respect between nations’ judicial systems.

Step 2: Prove the Judgment Is Valid

The creditor must prove that the foreign judgment is:

• Final and conclusive.
• Rendered by a court with proper jurisdiction.
• Not obtained by fraud.
• Compatible with U.S. due process standards.

Certain types of foreign judgments, such as those involving penal laws or taxes, are typically not recognized.

Step 3: Obtain Recognition and Enforcement

If the Florida court recognizes the foreign judgment, the judgment is treated like a Florida judgment and can be enforced using standard Florida collection methods.

Common Defenses Against Domestication

A debtor has the right to challenge the domestication of a foreign judgment. Common defenses include:

• The judgment is not final, has been vacated, or is under appeal.
• The judgment was obtained through fraud.
• The court that issued the judgment did not have proper jurisdiction.
• The debtor already satisfied or paid the judgment.
• The judgment violates Florida public policy.

Florida courts generally do not reconsider the merits of the original case but will review whether the judgment is fundamentally flawed.

Time Limits for Enforcing Foreign Judgments

Under Florida law, a creditor must domesticate and enforce a foreign judgment within the statute of limitations:

• Out-of-State Judgments: Florida allows enforcement within 20 years from the date the judgment was issued.
• Foreign Country Judgments: The statute of limitations depends on whether the foreign country’s judgment is recognized and whether Florida’s general five-year period for filing lawsuits applies.

Failing to act within the appropriate time limit can bar enforcement efforts.

Key Points to Remember

Issue	Out-of-State Judgment	Foreign Country Judgment
Process	Record and serve notice	File new lawsuit to recognize judgment
Governing Law	Uniform Enforcement of Foreign Judgments Act	Common law (comity principles)
Debtor’s Time to Object	30 days	Standard litigation timeline
Statute of Limitations	20 years	Varies (typically 5 years or longer)