Enforcing a Foreign Money Judgment in Florida

What It Means to Enforce a Foreign Money Judgment in Florida

To enforce a foreign money judgment in Florida, you use Florida’s collection tools on a money award entered somewhere else. A judgment from another state or country doesn’t work the same way as a Florida judgment, so confirm it can be enforced here before you act.

Florida’s judgment lien rules reach a money judgment whose holder falls within s. 55.202(1), including a judgment that is “enforceable in this state under its laws or the laws of the United States,” a support order entered by an issuing tribunal and enforced under chapter 88, or a judgment enforceable by operation of law under s. 61.14(6) (Fla. Stat. § 55.202). That phrase is the gate. If your judgment passes it, the tools below may apply.

This page is for business owners, managers, and partners who hold an unpaid judgment or who face one. Many readers came to it after an unpaid invoice, a lease default, a construction balance, or a partnership buyout went to court out of state or abroad.

This page is general information, not advice on your facts. Eduardo A. Maura is the responsible lawyer for this page. The firm’s bona fide office is at 1646 W Snow Ave, Tampa, FL.

Sister-State and Foreign-Country Judgments Need Different Checks

A judgment from another U.S. state and a judgment from another country can need different Florida steps. Start by identifying which one you hold, because the route depends on where the judgment came from.

Before you file anything, check the judgment itself:

• Finality: A judgment lien certificate can be filed only after the judgment has become final, the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stay of the judgment or its enforcement is in effect, unless a court has authorized filing for cause before finality when a writ of execution has been issued in the same matter (Fla. Stat. § 55.202).
• Interest: The rate of interest stated in the judgment, as adjusted under subsection (3), accrues on the judgment until it is paid (Fla. Stat. § 55.03).

Gaps in these details cause delay. Fix them early.

How Collection Steps Usually Unfold

Collection starts with paperwork, moves to a Florida filing that matches the debtor’s assets, and then reaches a sale or levy.

1. Gather the record. Collect the certified judgment, proof of entry, and the amounts and interest rate.
2. Locate the assets. Look at bank accounts, receivables, equipment, real estate, and ownership interests in other businesses.
3. Match the tool to the asset. Under Florida law, a judgment lien is acquired by filing a judgment lien certificate with the Florida Department of State after the judgment has become final and the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stay of the judgment or its enforcement is then in effect. It may reach a judgment debtor’s interest in personal property in Florida that is subject to execution, and certain payment intangibles and accounts of a debtor located in Florida, but it excludes fixtures, money, negotiable instruments, and mortgages. Real estate takes a lien for an initial period of 10 years from the date of recording (for recordings on or after July 1, 1994) when a certified copy is recorded in the county’s official records or judgment lien record, provided the judgment contains the lienholder’s address or a separate affidavit stating that address is recorded simultaneously (Fla. Stat. § 55.10). Stock and other property are subject to levy and sale under execution (Fla. Stat. § 56.061).

For sheriff levies and writs of execution, the Florida Department of State collection guide is a useful reference. Timing depends on the facts of each matter, including how the debtor responds and where its assets sit.

Debtors Who Move Assets Can Create a Fraudulent-Transfer Claim

A transfer can be challenged when a debtor moves assets to avoid paying a creditor.

Actual intent under s. 726.105(1)(a) means intent to hinder, delay, or defraud any creditor of the debtor (Fla. Stat. § 726.105). Other factors include whether substantially all of the debtor’s assets were transferred and whether the debtor was insolvent around that time.

If a creditor has a judgment and the court so orders, the creditor may levy execution on the transferred asset or its proceeds (Fla. Stat. § 726.108). Keep a written record of every transfer you learn about, with dates and parties.

Business Entity Debtors: Charging Orders Limit Collection

For a multi-member LLC or a partnership interest, a charging order is generally the route to collect against a member’s or partner’s share.

• Multi-member LLCs: A charging order is the sole and exclusive remedy against a member’s interest, except in the single-member situation described below. Foreclosure is not available for a multi-member LLC (Fla. Stat. § 605.0503).
• Single-member LLCs: A court may order a foreclosure sale if the creditor shows that distributions under a charging order won’t satisfy the judgment within a reasonable time (Fla. Stat. § 605.0503).
• Partnerships: A charging order is the exclusive remedy for reaching a partner’s transferable interest (Fla. Stat. § 620.8504).

This matters in shareholder and partnership disputes, where the money may flow through distributions rather than sales.

Business Disputes That Lead to Judgment Enforcement

Judgment enforcement usually follows a business debt that went to court and was not paid. The most common situations include:

• Unpaid supplier invoices and contract balances.
• Commercial lease disputes, including unpaid rent or charges.
• Construction disputes, where a contractor or subcontractor has assets or business ties outside Florida.
• Shareholder and partnership disputes that end in a money award against a partner.

Venue matters too. Under Florida law, actions generally must be brought in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. That rule does not apply to actions against nonresidents (Fla. Stat. § 47.011). For a debtor in Hillsborough County, that can make the county relevant to where you file.

Why Ayala Law PA Handles These Matters

Ayala Law PA focuses on business litigation in Florida courts and arbitration. The practice covers commercial litigation, contract disputes, shareholder and partnership disputes, construction litigation, real estate litigation, and international trade litigation.

The firm represents businesses in Hillsborough County and the Tampa Bay area; its only office is at 1646 W Snow Ave, Tampa, FL. Eduardo A. Maura is the responsible lawyer for this page. The firm’s lawyers and support staff work on business litigation matters.

In collection matters, the work usually comes down to three things: confirming the judgment, anticipating the debtor’s moves, and matching each tool to the debtor’s assets.

Frequently Asked Questions

Next Steps for Your Judgment

If you’re reading this for a company, you may be balancing a business loss with unfamiliar court rules. That’s a common position to be in.

Gather these items now:

• The certified judgment and proof of entry.
• The court, case number, and date the judgment was entered.
• The amount due and the stated interest rate.
• Any known Florida bank accounts, receivables, real estate, or business interests of the debtor.
• Entity records for any LLC or partnership involved.

When you’re ready, contact Ayala Law PA to book a case evaluation or call (305) 570-2208. Fee terms are explained when you make contact, before you decide how to proceed.