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  1. #1

    Default Foreign Judgment Enforement in Florida

    My question involves collection proceedings in the State of: FL (Sarasota County)

    Shortly after filing a Foreign Judgment in Sarasota County FL, I received a "Notice of Recording" along with a new case number. The Judgment originated in Williamson County, TN

    I then filed a "Request for Enforcement of a Foreign Judgment," (which I also had served upon the debtor by a private service).

    Finally, I received an unsigned document from the clerk titled "Summons: Personal Service on an Individual," which I assumed was served upon the debtor as service by mail. It now seems obvious that all I had to do was take the summons to the clerks office, have it signed & stamped and walk over to the sheriffs office to have it served.

    Am I correct that:

    a) A colossal bone-headed lack of sufficient service exists.
    b) Domestication of the Foreign Judgment is not required.

    Thanks & best regards - RZ

  2. #2
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    Default Re: Foreign Judgment Enforement in Florida

    The statutory requirements for domestication are at Florida Statutes, Sec. 55.501 et seq. That is the process of domestication.

    What issue are you talking about in relation to service? If you followed the previously mentioned statutory procedure, you would have provided the clerk of the court with the defendant's address and the clerk should have mailed notice of the recording to that address. See Florida Statutes, Sec. 55.505(2).

    Why do you believe that those laws wouldn't apply to your judgment?

  3. #3
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    Default Re: Foreign Judgment Enforement in Florida

    domestication is required. It is just what is required for it to be domesticated. I am not familiar with Florida but I know a couple states that the clerks office stamp is all that is required to domesticate the judgment.
    here is Florida's law.


    55.503 Recording and status of foreign judgments; fees.—(1) A copy of any foreign judgment certified in accordance with the laws of the United States or of this state may be recorded in the office of the clerk of the circuit court of any county. The clerk shall file, record, and index the foreign judgment in the same manner as a judgment of a circuit or county court of this state. A judgment so recorded shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state.
    (2) Any person recording a foreign judgment shall pay to the clerk of the circuit court a service charge as is required for the recording of an original action demanding the relief or judgment granted in the foreign judgment.
    History.—ss. 3, 7, ch. 84-5.

    55.505 Notice of recording; prerequisite to enforcement.—(1) At the time of the recording of a foreign judgment, the judgment creditor shall make and record with the clerk of the circuit court an affidavit setting forth the name, social security number, if known, and last known post office address of the judgment debtor and of the judgment creditor.
    (2) Promptly upon the recording of the foreign judgment and the affidavit, the clerk shall mail notice of the recording of the foreign judgment, by registered mail with return receipt requested, to the judgment debtor at the address given in the affidavit and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and of the judgment creditor’s attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the recording of the judgment to the judgment debtor and may record proof of mailing with the clerk. The failure of the clerk to mail notice of recording will not affect the enforcement proceedings if proof of mailing by the judgment creditor has been recorded.
    (3) No execution or other process for enforcement of a foreign judgment recorded hereunder shall issue until 30 days after the mailing of notice by the clerk and payment of a service charge of up to $42 to the clerk. When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this section.
    History.—s. 4, ch. 84-5; s. 12, ch. 93-250; s. 17, ch. 94-348; s. 70, ch. 2003-402; s. 26, ch. 2008-111.
    If you notice, there is an action of notice upon the judgment debtor in 55.505.

  4. #4

    Default Re: Foreign Judgment Enforement in Florida

    Thank you for your response. I'm certain the clerk mailed thr notice of recording to the defendant's address.
    My concern is that unsigned "Summons: Personal Service on an Individual" (addressed to the defendant) that I received after filing a Request for Enforcement.

    Is it now my resonsibility to serve that summons?

    Thank you

    - - - Updated - - -

  5. #5
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    Default Re: Foreign Judgment Enforement in Florida

    ya lost me on what you are even doing at this point. Here is one Florida county's website with a brief explanation of the process.

    http://www.miami-dadeclerk.com/court...n_judgment.asp

    maybe it will help, maybe not.


    what is this summons you speak of for?

  6. #6

    Default Re: Foreign Judgment Enforement in Florida

    It's addressed to the defendant & says "a lawsuit has been filed against you." It goes on to say that "you have 20 calendar days to respond" and "Your written response must be filed if you wish the court to hear your side of the case"

    - - - Updated - - -

    Thank you for your response. I'm still learning to navigate this forum, so if this is a repeat...apologies

    I'm certain the clerk mailed the notice of recording to the defendant's address.

    My concern is that unsigned "Summons: Personal Service on an Individual" (addressed to the defendant) that I received after filing a Request for Enforcement.

    Is it now my resonsibility to serve that summons?

    Thank you

  7. #7
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    Default Re: Foreign Judgment Enforement in Florida

    ever though of just calling the clerks office and asking? Either that or review the court docket as the statute states it will be recorded there if the clerk does mail the notice.
    I'm betting the clerk will know.

  8. #8

    Default Re: Foreign Judgment Enforement in Florida

    You're right ya know...sometimes the obvious escapes us. I will call them tomorrow.

    Thanks again

  9. #9
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    Default Re: Foreign Judgment Enforement in Florida

    It's possible that for some reason the clerk served you with notice instead of the judgment debtor/defendant... stranger things have happened. (Did it arrive by certified mail?) It's also possible that the clerk was sending you a copy of the notice served on the judgment debtor.

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