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Acting when a debtor crosses state lines after a lawsuit

On Behalf of | Aug 29, 2024 | Collection

Businesses owed money by individuals sometimes need to take legal action. When a debtor refuses to pay what they owe, a lawsuit can force them to be accountable financially. Successful debt litigation can lead to wage garnishments. The creditor can potentially intercept a portion of the debtor’s income until those garnished wages pay the debt back in full.

Unfortunately, those who have already proven unwilling to fulfill their financial obligations might not respond gracefully to losing a creditor lawsuit. Sometimes, they try to flee to avoid wage garnishment and other consequences. People might go so far as to move to another state in the hopes of avoiding responsibility for their debts.

How can creditors respond when a debtor moves to Florida after losing a debt-related lawsuit in another state?

Domesticating the judgment is an option

People facing financial enforcement actions often try relocating to avoid responsibility. Moving to another state is a common practice when parents fall behind on child support. People also relocate after losing lawsuits in the hopes of avoiding future enforcement efforts.

What those debtors don’t understand is that most states cooperate with each other. Florida allows creditors who have successfully sued before to take legal action in the courts based on their previously successful lawsuit.

Individuals who have already demonstrated a willingness to relocate to avoid responsibility could very easily cross state lines a second time after getting served with lawsuit documents. Thankfully, domestication of a foreign judgment does not require the presence of the debtor in court.

Instead, the creditor simply needs to establish that the judgment is valid and that the debt is as-of-yet unresolved. That domestication lawsuit allows the judgment from another state to become enforceable in Florida. The creditor can pursue the same types of collection activity as they could in the original state where they sued the debtor.

Wage garnishment and property liens are both options after domesticating a foreign judgment in Florida. The sooner creditors track down debtors who have tried to avoid enforcement efforts, the better their chances of collecting at least partial payment before the debtor makes further attempts to avoid their responsibilities.

Getting help with judgment domestication can give a creditor an opportunity to intercept wages and begin collecting on a debt. Those who move to Florida to avoid financial responsibility may find that relocating isn’t as effective of a debt-avoidance strategy as they may have hoped if their creditors react quickly.