Refer to F.S. chapter 55.501-55.509
Depending on the customer’s objective, this may be either a 1-step process or a 2-step process.
Registering a Foreign Judgment to Establish a Lien or for Future Enforcement (step 1)
- To establish a Foreign Judgment as a lien, you must record a certified copy of the out of state judgment and an original notarized affidavit. The affidavit must comply with the requirements set forth in F.S. 55.505. Payment of a service fee of $42.00, copy fees, registered mailing fees and all applicable recording fees is required.
- After recording, the Recording Clerk will mail notice of the recording to the judgment debtor by registered mail with return receipt requested.
- If the judgment debtor does not file an action contesting the registration and recording of the foreign judgment within 30 days, then it will become a judgment lien.
Enforcing the Foreign Judgment (step 2)
- If the judgment debtor has not filed an action to contest the Foreign Judgment within 30 days of the Recording Clerk’s mailing, the judgment creditor may file a case in the appropriate court type for enforcement.
- Filing fees are based on the amount of the judgment.
- The judgment creditor needs to include the recorded Foreign Judgment and recorded Affidavit as their initiating documents.
Contesting the Foreign Judgment
Pursuant to F.S. 55.509, The judgment debtor may file a legal action and pay the appropriate filing fees, based on the amount of the judgment, to contest the Foreign Judgment. If a legal action is filed, it will stay enforcement of the Foreign Judgment until the court makes a determination.