Domestication Of Foreign Judgment
Domestication of foreign judgements.
Domestication of foreign judgment. Florida statute 55 501 titled the florida enforcement of foreign judgments act governs domestication of out of state judgments in florida. If you have a foreign judgment you must first domesticate it in order to enforce it. A judgment from another state can be domesticated and thus become enforceable in arizona. Although the process can be complicated it is almost always faster and cheaper to domesticate a foreign judgment than it is to.
A foreign judgment recognized by a us court a domesticated judgment has the same authority as a judgment first issued in the united states. This process is known as domestication of a foreign judgment and is governed by the texas uniform enforcement of foreign judgments act the act applies to foreign judgments which means a judgment decree or order of a court of the united states or of any other court that is entitled to full faith and credit in this state. Domestication of foreign judgments florida. Domesticating a foreign judgment in california to put it simply is relocating a court ruling s jurisdiction.
Domestication of foreign judgments issued by a court in another country. This process is domestication of a foreign judgment. A judgment won outside of texas is referred to as a foreign judgment. Once domesticated we can also take the necessary steps to enforce your judgment by collecting against the debtor s assets located in new york or new jersey.
Foreign judgments cannot be enforced in the us before they are recognized. To domesticate a judgment file an affidavit of filing a foreign judgment attaching a certified copy of the judgment from the foreign court to said affidavit and a notice of filing a. You will need to bring a domestication action as described above. A judgment ruled in the case under california law can transfer from california s ruling jurisdiction to another.
The arizona state legislature has enacted the enforcement of foreign judgment act in order to help remedy this exact situation. Our office helps out of state individuals and attorneys domesticate judgments from other states in new york or new jersey. You domesticate a judgment from another state by following the requirements of the florida enforcement of foreign judgments act fefja. Let our domestication of foreign judgments florida firm guide you by providing you with legal and professional advice.
As it is used in the fefja foreign refers to any state other than florida. You start by getting a certified copy of the judgment from the court that awarded the judgment to you. Docket it in a court in the state where you want to domesticate it mail a copy via certified mail to the jd then file your proof of mailing with the court. This means that if you have a foreign judgment you may be able to still collect on the judgment in the state of arizona as if a court in arizona delivered the original.