Florida Foreign Judgment Enrollment
The 2000 Florida Statutes
TITLE VI
CIVIL PRACTICE AND PROCEDURE
CHAPTER 55 JUDGMENTS
Florida Enforcement of Foreign Judgments Act; short title.
Sections 55.501-55.509 may be cited as the "Florida Enforcement
of Foreign Judgments Act." Title VI, Chap. 55, §55.501
Construction of act.
(1) As used in ss. 55.501-55.509, the term "foreign
judgment" means any judgment, decree, or order of a court of any other
state or of the United States if such judgment, decree, or order is entitled
to full faith and credit in this state.
(2) This act shall not be construed to impair the right of
a judgment creditor to bring an action to enforce his or her judgment instead
of proceeding under this act.
(3) This act shall be interpreted and construed to effectuate
its general purpose to make uniform the law with respect to the subject
of this act among states enacting it.
(4) Nothing contained in this act shall be construed to alter,
modify, or extend the limitation period applicable for the enforcement
of foreign judgments. Title VI, Chap. 55, §55.502
Recording and status of foreign judgments; fees.
(1) A copy of any foreign judgment certified in accordance
with the laws of the United States or of this state may be recorded in
the office of the clerk of the circuit court of any county. The clerk shall
file, record, and index the foreign judgment in the same manner as a judgment
of a circuit or county court of this state. A judgment so recorded shall
have the same effect and shall be subject to the same rules of civil procedure,
legal and equitable defenses, and proceedings for reopening, vacating,
or staying judgments, and it may be enforced, released, or satisfied, as
a judgment of a circuit or county court of this state.
(2) Any person recording a foreign judgment shall pay to the
clerk of the circuit court a service charge as is required for the recording
of an original action demanding the relief or judgment granted in the foreign
judgment. Title VI, Chap. 55, §55.503
Notice of recording; prerequisite to enforcement.
(1) At the time of the recording of a foreign judgment,
the judgment creditor shall make and record with the clerk of the circuit
court an affidavit setting forth the name, social security number, if known,
and last known post office address of the judgment debtor and of the judgment
creditor.
(2) Promptly upon the recording of the foreign judgment and
the affidavit, the clerk shall mail notice of the recording of the foreign
judgment, by registered mail with return receipt requested, to the judgment
debtor at the address given in the affidavit and shall make a note of the
mailing in the docket. The notice shall include the name and post office
address of the judgment creditor and of the judgment creditor's attorney,
if any, in this state. In addition, the judgment creditor may mail a notice
of the recording of the judgment to the judgment debtor and may record
proof of mailing with the clerk. The failure of the clerk to mail notice
of recording will not affect the enforcement proceedings if proof of mailing
by the judgment creditor has been recorded.
(3) No execution or other process for enforcement of a foreign
judgment recorded hereunder shall issue until 30 days after the mailing
of notice by the clerk and payment of a service charge of $25 to the clerk.
When an action authorized in s. 55.509(1) is filed, it acts as an automatic
stay of the effect of this section. Title VI, Chap. 55, §55.505
Lien; when effective.
A foreign judgment does not operate as a lien until 30 days after the mailing of notice by the clerk. When an action
authorized in s. 55.509(1) is filed, it acts as an automatic stay of the
effect of this section. Title VI, Chap. 55, §55.507
Stay of enforcement of foreign judgment.
(1) If, within 30 days after the date the foreign
judgment is recorded, the judgment debtor files an action contesting the
jurisdiction of the court which entered the foreign judgment or the validity
of the foreign judgment and records a lis pendens directed toward the foreign
judgment, the court shall stay enforcement of the foreign judgment and
the judgment lien upon the filing of the action by the judgment debtor.
(2) If the judgment debtor shows the circuit or county court
any ground upon which enforcement of a judgment of any circuit or county
court of this state would be stayed, the court shall stay enforcement of
the foreign judgment for an appropriate period, upon requiring the same
security for satisfaction of the judgment which is required in this state.
Title VI, Chap. 55, §55.509