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Florida Judgments Collected in Other States
A Florida resident wrote a comment asking about the effect of a Florida judgment in another state with a short statute of limitations on judgment collection. Florida judgments are enforceable for 20 years. The reader stated that the other state had a 4 year statute of limitations on collection of judgments. What happens to the judgment if the debtor moves from Florida to the other state?
The Florida judgment is still effective for 20 years. The Florida judgment cannot be collected against the debtor or his property in the other state. The creditor can domesticate the judgment in the new state of residence, and the creditor would then have 4 years to enforce the judgment in the other state. The debtor’s move to another state, or the creditor’s domestication of the judgment in the other state, does not affect the Florida judgment.
June 28, 2006 in Creditor Rights | Permalink
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Comments
My bank account has been frozen. If I obtain power of attorney to put a relative on the title of my truck which is my most valuable and means to get to work, can it still be taken away to go on the judgement. I realize they will also garnish my paycheck. How fast does all this action take?
Posted by: juanitam. | May 3, 2008 6:12:05 PM
what about the opposite, a (default) judgment in another state (KY) with a 15 year SOL, non-renewable. No action to execute the judgment is ever taken in this state, and 7 years pass. All this time the judgment debtor continued to live in KY. Then judgment debtor moves to FL. Can the judgment creditor domesticate the foreign judgment in FL, since 5 years have passed since it was awarded and/or acted on? I have seen this asserted both ways--yes, the 5 year SOL prevents domestication of the foreign judgment 5 years after it was awarded, and no, all that matters is that the original home state's SOL has not yet expired.
Posted by: Laura | Feb 26, 2008 10:54:51 PM
Commercial property is owned in state of Florida by a married couple and said property is under the category of joint tenants by the entirety. This property would be protected from a judgment on one of the owners (who both live in another state) because this property would be governed by the sitess. Question: Would rents received on this property be garnishable? If rent funds remained in the state of Florida in an acccount of spouse who was not a party of the judgment, would these funds be protected from garnishment?
Posted by: Anne | Mar 20, 2007 5:37:06 PM
If an out of state judgementis filed in Florida,
does the court notify the defendant that there is
a judgement being transferred from another state
and if so, how much time does the defendant have
to reply.
Because the defendant would, of course, empty
his bank accounts and sell of his assets.
Posted by: joyce | Nov 7, 2006 11:54:15 AM
I had a tentant who defaulted on his lease. He moved to Georgia and said that he was unable to make his rent payment anymore.
Im sure that I will get a judgement against him for not paying and the eviction, but am I able to garnish his wages even though he lives in Georgia, and if so how much? How much will I be able to get per garnishment? Thanks.
Posted by: John D. | Oct 4, 2006 5:44:07 PM
I live in Florida if my bank account is frozen for a guarnasheement, does that mean what ever money is in the account AT THE TIME OF THE ACTION goes to the person who garnisheed me.
And what about future deposits into the account.
Is it better to close the account and open a new one
Also my income is exempt but there have been some co mingling of deposits -- if I open a new account and do NOT deposit anything other then my SS into it is that lawful
If you could answer this question quickly it would be greatly appreciaited as I am going to trial tommorow for the law suit
What are the requirement to notify the creditor that my new accounts and income is exempt, I am under the impression I must wait until he freezes the account to then file an exemption.
Of course if I had the money I would hire a lawyer but my income is just over the limits to qualify for pro bono help
Bill
Bill Tomsick
Posted by: Bill Tomsick | Jul 26, 2006 11:34:31 AM
