Enforcing International Judgments in Florida—and Defending Against Them

A Practical Guide for Creditors and Debtors

Bernhard Law Firm

Florida is a frequent destination for judgment debtors seeking to shield assets. As a result, enforcing international judgments and sister-state foreign judgments in Florida—and defending against recognition—has become a critical component of commercial litigation strategy. Florida law provides two distinct statutory frameworks depending on whether the judgment originates from another U.S. jurisdiction or a foreign country. Understanding these frameworks, along with key defenses and case law, is essential for both creditors and defendants.

If you have questions about enforcing international judgments and other foreign judgments in Florida or defending international judgments in Florida, please contact Bernhard Law Firm at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com.

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I. Legal Framework for Enforcing Foreign Judgments in Florida

A. Sister-State Judgments: Florida Enforcement of Foreign Judgments Act (FEFJA)

For enforcing Florida has adopted the Florida Enforcement of Foreign Judgments Act (FEFJA), §§ 55.501–55.509, Florida Statutes.

Under FEFJA, a judgment from another U.S. state is entitled to full faith and credit under the U.S. Constitution. This creates a streamlined enforcement process:

  • File a certified copy of the judgment with a Florida circuit court
  • Record an affidavit identifying the debtor
  • Provide notice to the debtor
  • Wait 30 days for objections before enforcement begins

Once domesticated, the judgment is treated as a Florida judgment and may be enforced through garnishment, levy, liens, and proceedings supplementary.

B. Foreign Country Judgments: Recognition Act

Judgments from outside the United States are governed by the Uniform Out-of-Country Foreign Money-Judgment Recognition Act, §§ 55.601–55.607, Florida Statutes.

Under § 55.604, a qualifying foreign-country judgment is “conclusive between the parties” and enforceable once recognized.

However, unlike sister-state judgments, recognition is not automatic and depends on statutory criteria and judicial discretion.

II. Procedure to Recognize and Enforce Foreign Judgments

A. Domestication and Recognition Steps

For both frameworks, the process generally includes:

  1. Filing the judgment with the clerk of court
  2. Recording an affidavit with debtor information
  3. Providing notice to the debtor
  4. Allowing a 30-day objection period
  5. Obtaining recognition or certificate of no objection

After recognition, the judgment “shall be enforced in the same manner as the judgment of a court of this state.”

III. Defending Against Recognition and Enforcement in Florida

Florida law provides robust defenses, particularly for foreign-country judgments.

A. Mandatory Grounds for Non-Recognition

A Florida court must refuse recognition if:

  • The foreign legal system lacks due process or impartial tribunals
  • The foreign court lacked personal or subject-matter jurisdiction

B. Discretionary Grounds for Non-Recognition

Courts may refuse recognition where:

  • The defendant did not receive adequate notice
  • The judgment was obtained by fraud
  • Enforcement violates Florida public policy
  • The judgment conflicts with another final judgment

C. Common Defenses in Practice

For both domestic and international judgments, typical defenses include:

  • Lack of personal jurisdiction in the originating court
  • Improper service of process
  • Judgment not final or still on appeal
  • Satisfaction, modification, or vacatur of the judgment
  • Expiration under applicable statutes of limitation

Failure to raise objections within the statutory 30-day window can significantly limit available defenses.

IV. Strategic Considerations for Creditors

Creditors seeking to enforce foreign judgments in Florida should:

  • Use FEFJA domestication whenever possible for speed and longer enforcement periods
  • Ensure the judgment remains valid in the originating jurisdiction
  • Strictly comply with notice and affidavit requirements
  • Anticipate jurisdictional and due process challenges

V. Strategic Considerations for Debtors

Debtors facing enforcement actions should:

  • Act quickly within the 30-day objection period
  • Evaluate jurisdictional defects in the original proceeding
  • Assess statute of limitations defenses (5-year vs. 20-year vs. other)
  • Investigate fraud, lack of notice, or public policy conflicts

VI. Conclusion

Enforcing foreign judgments in Florida involves a nuanced statutory framework that differs significantly between domestic and international judgments. While Florida law favors enforcement—particularly for sister-state judgments—defendants retain meaningful defenses grounded in jurisdiction, due process, and statutory compliance.

Whether pursuing collection or defending against recognition, early strategic analysis is critical. The difference between domestication and a new action, or between timely and untimely objections, can determine the outcome of the case.

About Bernhard Law Firm

At Bernhard Law Firm, we represent both judgment creditors and debtors in complex cross-border and interstate enforcement matters. Our litigation team provides strategic guidance on:

  • Domestication of foreign judgments in Florida
  • Recognition of international judgments
  • Defense of enforcement proceedings
  • Asset protection and judgment collection strategy

For more information or a consultation, contact Bernhard Law Firm today at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com.

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