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Tuesday, May 3,2011

Legal Insight

By Scott J. Topolski
Q: I have a judgment in Maryland in excess of $70,000.00.  The person against whom I have this judgment recently moved to Palm Beach County.  Is there anything I can do to try to collect this Maryland judgment down here in Florida.

A: Yes, there is.  The first thing you are going to want to do is to obtain a certified copy of the Maryland judgment and record it with the clerk of the circuit court in Palm Beach County, pursuant to a statute known as the Florida Enforcement of Foreign Judgments Act.  At the same  time that you record that Maryland judgment, you will also need to record with the clerk your affidavit, containing the name, social security number and the last known address of the person against whom you have the judgment, as well as your address.  The clerk will mail, by registered mail, return receipt requested, a notice of the recording of the Maryland judgment to the debtor at the address provided in your affidavit.  You can and probably should mail a notice of the recording to the debtor and record the proof of mailing.  Once 30 days have passed after the mailing of the notice by the clerk, you can proceed to enforce your judgment in Florida.  Your Maryland judgment has, in effect,  become a Florida judgment.


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