If you won a lawsuit in another state but the debtor now lives in Florida, you still have legal options. Florida law gives you a structured path to collect what you are owed.
What it means to domesticate a foreign judgment
Florida requires you to “domesticate” an out-of-state judgment before you can collect on it. The Florida Enforcement of Foreign Judgments Act governs this process and treats a valid out-of-state judgment as if a Florida court had issued it. Under Fla. Stat. § 55.503, the clerk must give the foreign judgment the same effect as a local judgment.
The steps to file and record your judgment
You must file in the Florida county where the debtor lives or owns property. The filing goes to county court for judgments of $50,000 or less and to circuit court for amounts above that. Here are the core steps:
- Exemplified copy: Request a triple-certified copy from the original court clerk.
- Affidavit: Submit a notarized statement with both parties’ names and last known addresses.
- Filing fee: Pay the standard clerk fee, which varies by county and judgment size.
- Notice: The clerk mails the debtor a formal notice of the recorded judgment.
Some counties require you to open a full case at the time of filing. Others only require the fee and the notice. You should confirm local requirements before you file.
The mandatory 30-day waiting period
You cannot begin collection efforts until 30 days after the clerk mails the notice to the debtor. Florida law gives the debtor that window to challenge the judgment in a Florida court. If the debtor files no challenge within 30 days, the judgment becomes fully domesticated and you may begin collection.
Collection tools available after domestication
Once the judgment is domesticated, you can use several enforcement remedies. Here are your options:
- Writ of execution: Directs the sheriff to seize and auction non-exempt assets.
- Writ of garnishment: Freezes bank accounts or garnishes wages.
- Proceedings supplementary: Compels the debtor to disclose income and assets in court.
Each remedy requires a case number, which the clerk issues after the judgment is recorded.
You may talk to an attorney before you file
County-level variations in the domestication process can slow or derail your collection efforts. An attorney can help you understand your options and avoid procedural missteps. Speaking with a Florida collections lawyer may clarify how these rules apply to your specific situation.
