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Domesticating out-of-state judgments facilitates debt collection

On Behalf of | Jun 30, 2023 | Debt Domestication

An out-of-state judgment refers to a court ruling obtained by a creditor outside the jurisdiction where the debtor resides. If you have obtained a judgment against a debtor in another state and the debtor has assets or property in Florida, domesticating the judgment can be a crucial step toward successful debt collection.

Keep scrolling to delve into the process of domesticating an out-of-state judgment to help ensure successful debt collection. If you’re a creditor seeking to recover debts from a debtor living outside of the state, these valuable insights may help you reach an actionable solution.

The domestication process

To begin domestication, you must file the foreign judgment in the appropriate local court. This requires gathering all relevant documentation, including the certified copy of the judgment, and completing the necessary forms. 

Once the foreign judgment is filed, the court will verify its authenticity and review its compliance with state law. It is important to provide any additional information or documentation requested promptly. After verification, the court will notify the debtor of the domestication proceedings.

If the court determines that the foreign judgment is enforceable in this state, it will issue an order domesticating the judgment. This order allows you, as the creditor, to pursue debt collection actions to satisfy the outstanding judgment.

Debt collection strategies

Wage garnishment is a common method used to collect debts. With a domesticated judgment, your legal team can request that the court order the debtor’s employer deduct a portion of their wages to satisfy the outstanding debt. However, there are legal limitations to the amount that can be garnished, so it is crucial to be aware of these restrictions.

If the debtor has funds in a bank account within this state, you may be able to levy those funds to satisfy the judgment. This involves obtaining a writ of garnishment and presenting it to the debtor’s bank. The bank will freeze the funds, and you can seek their release to cover the outstanding debt.

Domesticating an out-of-state judgment is a crucial step in debt collection for creditors. By following the appropriate legal procedures and leveraging debt collection strategies, you can increase your chances of recovering the debts owed to you.