There are a large number of multinational corporations (MNCs) in the US, and while operating in different markets could be a key business goal, there are also some key challenges that come with this level of growth.

Suppose your business has obtained a judgment in another state (or even a foreign country), and the judgment debtor or assets are located in Florida. In that case, the next crucial step is domestication. Under Florida’s laws, a “foreign judgment” includes judgments from other US states as well as judgments from abroad. Once properly domesticated, these judgments become enforceable like any Florida-issued judgment, unlocking tools such as garnishment, asset seizure, and more.

In this guide, we’ll look at the key steps involved in the enforcement of foreign judgments so you can better understand what to expect from the process. They are as follows:

• Understand the Legal Framework
• Gather the Required Documentation
• File the Domestic Paperwork
• Observe the 30-Day Waiting Period
• Potential Debtor Challenges
• Certification and Enforcement
• For Foreign-Country Judgments
• Time Limits and Statute of Limitations

Keep reading to learn how to domesticate a foreign judgment in Florida.

1. Understand the Legal Framework

Florida handles out-of-state US judgments under the Florida Enforcement of Foreign Judgment Act (FEFJA), specifically Sections 55.501-55.509 of the Florida Statutes. For judgments originating in other countries, Florida applies the Uniform Out-of-Country Foreign Money-Judgment Recognition Act, covering Sections 55.601-55.607.

2. Gather the Required Documentation

You need to obtain a final, certified (or exemplified) copy of the foreign judgment. If it’s in a foreign language, you must provide a reliable English translation with the judgment amount converted into US dollars.

Prepare a notarized affidavit stating the names and last known addresses of both the judgment creditor and debtor. This should go along with your representation or contact details.

3. File the Domestication Paperwork

For US foreign judgments, you must file with the clerk’s office in the Florida county where the debtor resides or holds assets. File both the certified judgment and the affidavit.

The clerk then records both documents and a mail notice via registered mail to the debtor. It’s prudent for you to send a copy too.

There may be additional local requirements in some Florida counties. There might also be a specific filing fee structure or procedures regarding affidavits, recording space, and more. For example, Miami-Dade outlines filing fees based on:

• Judgment amount
• Recording fees per page
• Notice preparation fees

4. Observe the 30-Day Waiting Period

Following the clerk’s notice, Florida mandates a 30-day waiting period before the judgment becomes enforceable as a lien. During this time, the debtor may initiate challenges.

5. Potential Debtor Challenges

During the 30-day window, the debtor can:

• File a lawsuit contesting the jurisdiction, validity, or finality of the judgment
• Record a Lis Pendens to notify potential third parties of the pending challenge

If a timely challenge is filed, the court must stay enforcement pending the resolution. However, the debtor may be required to post security (such as a bond).

Possible grounds for challenges include:

• Lack of personal or subject matter jurisdiction in the original court
• Judgment is not final or is on appeal
• Fraud, collusion, or due-process violations in obtaining the judgment

6. Certification and Enforcement

If no challenge is filed, the clerk issues a certificate of non-objection (or a similar document) confirming the judgment’s domestication. The judgment now stands as a fully enforceable Florida Judgment. It enables collections through:

• Garnishment
• Levy
• Proceedings supplementary
• Fraudulent-transfer actions

7. For Foreign-Country Judgments (Sections 55.601-.607)

These cases are similar, but there are some key things to note. Foreign-country judgments require:

• Filing the certified foreign judgment and affidavit
• The clerk will send the notice, and the debtor is given a 30-day window to object
• If objections are raised, the court will hear them and may or may not recognize the judgment
• Once recognized (or if no objections are made), it is enforceable like a Florida judgment, and can be recorded as a lien if necessary

8. Time Limits and Statute of Limitations

Florida has a 20-year limitations period for enforcing foreign judgments. It applies under FEFJA, and the judgment must be domesticated before it lapses from its original jurisdiction and certainly within Florida’s limits.

Summary of Steps

Here is a quick summary of the steps involved in foreign judgment recognition:

• Identify governing law: Section 55.501-.509 for the US and sections 55.601-.607 for foreign countries
• Collect documents: The certified judgment, trust affidavit, and translations if needed
• File documents: Submit to the appropriate Florida clerk with fees
• Notify debtor: The clerk mails notice, and the creditor should also send a copy
• Wait 30 days: Debtor may challenge during this period
• Handle objections: If filed, litigation may pause enforcement
• Obtain certificate: If there’s no objection, the clerk certifies and the judgment becomes enforceable
• Enforce judgment: Use Florida tools (garnishment, levy, liens, etc.)
• Watch deadlines: Ensure domestication before judgment expires

International judgment enforcement can be very complicated. As such, working with reliable business attorneys can be a very good option.

What Does a Business Lawyer Do?

Few business owners will be able to navigate these processes without assistance. A business lawyer with the right skills can give you the guidance you need and ensure everything goes as it should.

It’s important to note that lawyers vary greatly in terms of their experience and expertise. Take the time to find one that you trust and can rely on to handle things correctly. Mistakes can cause much greater issues, so you want to make sure you’re partnered with an experienced firm that has a proven track record of similar work.

Reliable Enforcement of Foreign Judgments

Enforcement of foreign judgments can be streamlined, but only if you carefully follow statutory steps and filing procedures. The FEFJA (for US judgments) and the Out-of-Country Recognition Act each require strict compliance regarding documents, notices, timings, and courts.

To optimize your enforcement strategy and safeguard against procedural misteps, consult a skilled business attorney. The team at Boyer Law Firm has years of experience and is recognized as one of the most reliable firms in Florida. Our array of awards is a testament to the services we provide, and we’re ready to help you navigate foreign judgments effectively.