Have you been sued in another state by a creditor?

We are seeing more and more cases where creditors are suing consumers in other states, and after obtaining a judgment in that other state, they are trying to collect against the judgment debtor in Florida. Keep in mind that when a creditor does this, it must comply with the procedures laid out in Section 55.505, Florida Statutes. If a creditor obtains a judgment against you in a state other than Florida, before the creditor can try to collect against you in Florida, it must record the out-of-state judgment in the county in which you reside. The clerk is then directed to notify you of the recording of the out-of-state judgment and then the creditor is required to wait 30 days after mailing of the notice before proceeding with collection activity against you. If you wish to contest that the original court lacked jurisdiction or wish to contest the validity of the judgment, you can file an action contesting the judgment within 30 days of the recording of the out-of-state judgment in the county of your residence. Best, Ryan C. Torrens, Esq.

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