By Fred Reilly, American Attorney and English Solicitor.

Judgment debtors often think they can avoid payment of a judgment entered by a out-of-country foreign court by escaping and relocating their assets to Florida. They can run, but fortunately they can’t hide – there’s an important statutory process that enables creditors to enforce money judgments rendered by a foreign court in Florida.

The purpose of this article is to address the most important questions about enforcing an out-of-country foreign money judgment in Florida.

1. Can an out-of-country judgment rendered against a company or individual be enforced in Florida?

Yes. For example, a foreign money judgment entered in the United Kingdom against a company or individual (the judgment debtor) can be filed in Florida using the Uniform Out-Of-Country Foreign Money Judgment Recognition Act (“the Act“). Once properly filed, the judgment can be enforced against the Florida assets of the judgment debtor.

2. What is an “out-of-country foreign judgment”?

It is any judgment of a foreign state (e.g., the United Kingdom, Ireland, the Netherlands, etc.) granting or denying recovery of a sum of money, other than a judgment for taxes, a fine, or other penalty.

3. When does the Act apply?

The Act applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal may be pending or may be filed.

4. What is the process for obtaining recognition of an out-of-country judgment?

Florida law states that an out-of-country judgment is conclusive between the parties to the extent that it grants or denies recovery of a sum of money.

Florida’s statutory procedure for obtaining recognition of an out-of-country judgment requires that the judgment and an affidavit be filed with the clerk of the court and recorded in the public records in the county or counties where enforcement is sought.
After recording the judgment and affidavit, the clerk of the court mails a notice to the judgment debtor.

The judgment debtor has thirty (30) days after service of the notice to file an objection with the clerk specifying the grounds for non-recognition or non-enforceability.

Upon entry of a court order recognizing the out-of-country judgment or upon recording of a clerk’s certificate that no objection has been filed, the judgment shall be enforced in the same manner as if it was the judgment of a Florida court and shall create a lien on real estate in the county where recorded.

5. What are the grounds for non-recognition of an out-of-country judgment?

An out-of-country judgment is not conclusive if the judgment was rendered by an impartial tribunal, the foreign court did not have personal jurisdiction over the defendant, or the foreign court did not have jurisdiction over the subject matter.

There are eight (8) specific instances when an out-of-country judgment may not be recognized by a Florida court. The three most likely instances are that the judgment was obtained by fraud, the cause of action on which the judgment was based is repugnant to the public policy of Florida, and the judgment conflicts with another final and conclusive order.

6. What are the costs of this process?

The costs include the fees for filing/recording the judgment with the clerk of the court and the certified mail expenses of sending the mandatory notification to the judgment debtor.

Since the total attorney fees will largely depend on whether the judgment debtor fights the recognition process, I would charge my client on an hourly basis (US$247 per hour) and require a minimum retainer of US$2,500.

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

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