Florida Enforcement of Foreign Judgments Act: Filing and Defenses

The Florida Enforcement of Foreign Judgments Act lets you turn an out-of-state judgment into a Florida judgment by recording it with the clerk of the circuit court, paying attention to a 30-day notice period before enforcement can begin. That statute, found at sections 55.501 through 55.509, covers judgments from other U.S. states and territories. Judgments from courts in other countries follow a separate track under the Uniform Out-of-Country Foreign Money-Judgment Recognition Act at sections 55.601 through 55.607, and that track gives the debtor a meaningful chance to object before the judgment gains any force in Florida.

Confusing the two is the most common mistake. Chapter 55 uses “foreign judgment” for both, but the processes, requirements, and defenses are different.

Recording a Sister-State Judgment

Judgments from other U.S. states benefit from the Full Faith and Credit Clause, which generally compels Florida to honor them. The recording process reflects that: it is short and mostly administrative.

File the judgment with the clerk of the circuit court in the county where you want to enforce it. Include an affidavit with the debtor’s name and last known address. The clerk mails notice to the debtor, and no execution or other enforcement can begin until 30 days after that mailing.

The debtor can slow the process by contesting it. Within 30 days of the recording, the debtor may file an action challenging the original court’s jurisdiction or the judgment’s validity. Filing that action together with a lis pendens triggers a mandatory stay of enforcement.1Online Sunshine. Florida Code 55.509 – Stay of Enforcement of Foreign Judgment Absent that kind of challenge, the judgment becomes enforceable as a Florida judgment once the 30 days pass.

Which International Judgments Qualify

The Recognition Act reaches only foreign-country judgments that grant or deny recovery of a sum of money. Judgments for taxes, fines, or penalties are excluded. The judgment must be final, conclusive, and enforceable in the country where it was issued, but it still qualifies even if an appeal is pending or possible there.2Florida Senate. Florida Code 55.603 – Applicability

Non-monetary orders sit outside the statute. A foreign injunction or declaratory judgment cannot be recognized through this process; enforcing that kind of order in Florida would require a separate lawsuit relying on common-law principles of comity.

How to File an International Judgment

Recognition of a foreign-country judgment follows a specific sequence. Record the foreign judgment with the clerk of the circuit court in the county where the debtor has assets or where you otherwise want to enforce. File an affidavit at the same time listing the debtor’s name, Social Security number if known, and last known mailing address.3FindLaw. Florida Code 55.604 – Procedures for Recognition

The clerk then mails notice to the debtor by registered mail with return receipt requested. The notice identifies the judgment creditor and any Florida attorney involved. You may also mail notice yourself and record proof of that mailing with the clerk, which protects your enforcement position if the clerk’s mailing fails.

The debtor has 30 days after receiving notice to file a written objection with the clerk, specifying which statutory grounds for nonrecognition apply. If an objection is filed, the circuit court holds a hearing and enters an order granting or denying recognition. If the debtor does nothing within those 30 days, the clerk records a certificate stating no objection was filed, and the judgment becomes enforceable. Missing that window essentially converts the foreign judgment into a Florida judgment by default.

Grounds a Debtor Can Raise Against an International Judgment

Florida law splits the defenses into mandatory grounds, which force the court to refuse recognition, and discretionary grounds, which give the court room to weigh the circumstances.

Mandatory Grounds

A Florida court must refuse recognition if any of these apply:4Florida Senate. Florida Code 55.605 – Grounds for Nonrecognition

  • The foreign country’s legal system does not provide impartial tribunals or procedures compatible with basic due process.
  • The foreign court lacked personal jurisdiction over the defendant.
  • The foreign court lacked subject-matter jurisdiction over the type of dispute.

The first ground targets entire legal systems rather than individual case errors and effectively blocks judgments from countries whose courts are widely regarded as lacking independence.

Discretionary Grounds

The court may refuse recognition on a wider set of grounds, including:

  • The defendant did not receive enough notice of the foreign proceedings to prepare a defense.
  • The judgment was obtained through fraud.
  • Enforcing the judgment would violate Florida public policy.
  • The judgment conflicts with another final order.
  • The parties had agreed to resolve the dispute in a different forum.
  • Where jurisdiction rested only on personal service, the foreign court was a seriously inconvenient place to litigate.
  • The foreign country would not recognize a comparable Florida judgment.
  • The judgment is for defamation and the foreign law provided less protection for free speech than the U.S. and Florida constitutions require.
  • Circumstances raise substantial doubt about the integrity of the rendering court regarding the specific judgment.
  • The particular proceedings that produced the judgment did not meet due process standards, even if the system generally does.

Notice the pairing between mandatory ground (a) and discretionary ground (j). The mandatory version targets the legal system as a whole; the discretionary version targets problems with the specific case. A country can have a generally fair legal system while producing individual proceedings that fell short.

When Personal Jurisdiction Cannot Be Challenged

Jurisdiction is one of the most common defenses, and the statute lists situations where a Florida court will not second-guess the foreign court’s authority over the defendant. Recognition cannot be refused for lack of personal jurisdiction if any of these were true:5Florida Senate. Florida Code 55.606 – Personal Jurisdiction

  • The defendant was personally served in the foreign country.
  • The defendant voluntarily appeared in the foreign case for reasons other than protecting seized property or contesting jurisdiction.
  • The defendant agreed to submit to the foreign court’s jurisdiction before the case began.
  • The defendant lived in the foreign country when the case started, or, for a corporation, was headquartered, incorporated, or otherwise organized there.
  • The defendant maintained a business office in the foreign country and the case arose from business conducted through that office.
  • The defendant operated a vehicle or airplane in the foreign country and the case arose from that operation.

Where none of these apply, the debtor has a strong argument that the foreign court lacked personal jurisdiction, one of the mandatory grounds.

Stays and Appeals

If the debtor shows that an appeal of the foreign judgment is pending and that a stay has been obtained from the foreign court, the Florida court may pause the recognition proceedings until the appeal is resolved or until enough time has passed for the debtor to pursue it.6Florida Senate. Florida Code 55.607 – Stay in Case of Appeal Both elements matter. A pending appeal alone is not enough; the debtor must show the foreign court itself has stayed the judgment.

Either party may appeal the Florida court’s order granting or denying recognition. Under Florida Rule of Appellate Procedure 9.110, the notice of appeal must be filed within 30 days of the order.7Florida Appellate Rules. Rule 9.110 – Appeal Proceedings to Review Final Orders of Lower Tribunals Courts enforce that deadline strictly.

Collecting After Recognition

Once the court enters a recognition order, or the clerk records a certificate that no objection was filed, the foreign judgment carries the same weight as any Florida judgment. That opens the full range of Florida collection tools: wage garnishment, bank account levies, and execution against personal property.

To create a lien on real estate in a particular county, record a certified copy of the judgment together with the recognition order in that county’s official records. The recognized judgment can then be recorded in any other Florida county without additional notice or hearings, which matters when a debtor holds assets across the state.