Judgment Against Property With Florida In New York
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If a judgment is entered against the debtor in one state, but the debtor resides in another state or the debtor's assets are located in another state, then the creditor must transfer the judgment to that state.
A person can avoid paying a civil judgment with their earnings if they qualify as the head of household. The Florida statute defines earnings as wages, salary, commission, or bonus. Other types of earnings for labor have been held to also qualify for the head of household exemption.
The easiest procedure is to file a motion for summary judgment in lieu of complaint. That sets up a summary procedure that is designed to determine whether defendant received proper service of legal papers in the out-of-state case and that granting recognition to the judgment doesn't violate NY public policy.
Presently there is a Florida statute that limits judgment liens to 20 years,3 and there is a Florida statute that limits “actions” on certain judgments to 20 years and other judgments to five years. There is, however, no statute or court rule that places a time limit on the execution of judgments.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...
In order to enforce or modify an out of state order in a foreign state, if one party has relocated to a foreign state with the children, you must register the order in the new state. This is usually done with the county clerk in the county where you are now residing.
First, you must obtain a certified copy of the judgment from the court that awarded the judgment to you. Then, you must record the certified copy in the office of the clerk of the circuit court of any Florida county, which is usually where the debtor resides or where the debtor's assets are located.
The sister-state judgment allows a creditor to recover debts from a debtor who has relocated to California using a court order or judgment that was issued in another state.
A complicating factor is the location of the debtor or the debtor's assets. If a judgment is entered against the debtor in one state, but the debtor resides in another state or the debtor's assets are located in another state, then the creditor must transfer the judgment to that state.
