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Address: Email: Tel: Fax: Hours:. About Contact. Story 1. The County Recorder is not authorized to determine legal rights and responsibilities of the parties to the documents that are recorded Search Section Images of recorded documents can be viewed and copied free of charge directly from our website or in person at S. Once a judgment is domesticated, our firm can take all necessary steps to collect on the judgment, including wage and bank account garnishment.
An exemplified judgment is a copy of a judgment from another state with a certificate attached. The purpose of the certificate and signatures is to validate and authenticate that foreign judgment. Florida statutory law gives the debtor that thirty 30 day window in which to file an action challenging the validity of the judgment. If no such action is filed within the thirty 30 days, the creditor is free to begin collection efforts including garnishing wages or bank accounts and executing on assets.
Florida Foreclosure Laws and Procedures | Nolo
All of the 67 counties in Florida have similar but not the same procedure when it comes to recording an out-of-state judgment. Most only require the fee to record the judgment and send out the notice. However, some counties do require that a case be filed at the same time the judgment is recorded. A case will ultimately be filed, however, in the event the creditor chooses to execute on the judgment.
A case number is necessary for the clerk of court to issue writs of execution, attachment and garnishment as well as for the scheduling of any depositions to review a debtor's assets. A creditor may also file a lawsuit on the foreign judgment and forego the statutory method to domesticate the foreign judgment.
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In that case, the creditor files an action and asks the court to recognize the foreign judgment in Florida. However, this method usually takes more time than the statutory method. Discovery in aid of Execution of Existing Judgments Whether your judgment was obtained by our attorneys or another law firm, or whether the judgment was a foreign judgment that was domesticated a judgment from another state that is filed in Florida the process is what we can help you navigate to determine if any recovery is possible.
Collecting on a Florida Judgment can be a problematic and without the assistance of our attorneys you could run in dead ends.
The Florida legal system permits the Plaintiff to bring the defendant in for a post-judgment debtor examination or deposition. A subpoena can be utilized to command the defendant to appear with documents such as tax returns, bank account statements, and vehicle or vessel ownership. The court has the authority to actually issue an arrest order if a defendant continues to disobey a court order to appear. The Florida Judgment is good for 20 years however the lien and execution are shorter periods and must be renewed. Corporations and partnerships do not have any exemptions.
First, we must petition for and obtain a Writ of Execution. Then we must deliver the Writ to the appropriate sheriff and pay the fees associated with the execution. This requires a deposit and instructions for Levy which is a list describing what is subject to be seized and stored. The sheriff will sell the property at a public auction to the highest bidder which could be you if you want.
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There are perquisites that you must perform before the sheriff can sell any property. A search of court records and UCC records to determine that there are no other or prior liens or existing judgments against that debtor, affidavits must be provided to the sheriff and an advertisement must be placed in the local papers once all the proper notices have been sent. Remaining funds will be returned to the debtor. Proceedings Supplementary A judgment debtor may transfer all of its assets to a third party before the judgment is even obtained.
The judgment debtor may close its doors and reopen an identical business with a new name and new corporate identity. Florida statutes allows a creditor to set aside transfers made by the debtor to third parties and authorizes collection actions against a new business or entity that is merely a continuation of the judgment debtor. This process is called "proceedings supplementary" and allows the creditor to seek collection against the third party who received the transfer in the same case in which the judgment was entered.
The statute also allows for the court to require that the third-party recipient turn over any of the judgment debtor's assets to the creditor toward satisfaction of the judgment. Proceedings supplementary also provides a remedy by which a creditor can seek to collect from a new business that is merely a continuation of the debtor.
Piercing the Corporate Veil Companies cannot just disappear, but they can go out of business, change names or dissolve and often form a new business. Does their corporate debt disappear also when these events occur?
The answer is no. We have been handling complex corporate debt collections matters for clients throughout Florida since Maybe a new entity formed in the wake of a previous business closing down and often the law provides remedy for just such a situation. We will proceed against the remaining or new entity if the law allows. This process is called proceedings supplementary.
As long as we are able to show a relationship between the old entity and the new entity, we can try and collect.