Enforcing and Defending Foreign Judgments in Florida: A Complete Guide

Introduction: Why Foreign Judgments in Florida Are Different

A money judgment from a court in Brazil, Colombia, Venezuela, England, or any other country does not, by itself, let a creditor freeze a Florida bank account, garnish wages, or levy on Florida property. Before a foreign judgment creditor can use Florida’s collection tools, the judgment must first be recognized in Florida. For judgment debtors, that recognition stage is the most important — and often the only — opportunity to stop enforcement.

Miami and South Florida sit at the center of international commerce with Latin America and Europe, so Florida courts see a steady stream of petitions to domesticate foreign judgments. The governing framework is the Uniform Out-of-Country Foreign Money-Judgment Recognition Act, sections 55.601–55.607, Florida Statutes (the “Act” or “UFMJRA”). Florida courts interpret the Act alongside leading decisions such as Nadd v. Le Credit Lyonnais, S.A., 804 So. 2d 1226 (Fla. 2001), Chabert v. Bacquié, 694 So. 2d 805 (Fla. 4th DCA 1997), Laager v. Kruger, 702 So. 2d 1362 (Fla. 3d DCA 1997), Osorio v. Dole Food Co., 665 F. Supp. 2d 1307 (S.D. Fla. 2009), aff’d sub nom. Osorio v. Dow Chemical Co., 635 F.3d 1277 (11th Cir. 2011), and the Third District’s recent decision in F.V. de Araujo S.A. Madeiras, Agricultora, Industria e Comercio v. Dantzler Lumber & Export Co., 394 So. 3d 138 (Fla. 3d DCA 2024).

This guide walks through, in order:

  1. What the Act covers and what counts as a “foreign judgment”;
  2. The step-by-step Florida procedure for recording, notice, objection, and hearing;
  3. The statutory defenses — mandatory and discretionary — for resisting recognition;
  4. Alternatives to the Act, including common-law comity, declaratory judgment under chapter 86, and a plenary action on the judgment;
  5. How out-of-country judgments differ from sister-state judgments under the Florida Enforcement of Foreign Judgments Act, sections 55.501–55.509; and
  6. Enforcement after recognition, stays pending foreign appeal, and practical tips for both creditors and debtors.

Key Takeaways

  • Recognition comes before collection. A foreign-country money judgment must be recognized under Fla. Stat. §§ 55.601–55.607 before a creditor can use Florida liens, garnishment, or levy.
  • Debtors have 30 days to object. The deadline runs from service of the clerk’s notice of recording. § 55.604(2).
  • The document has to be a real judgment. Under F.V. de Araujo v. Dantzler Lumber, 394 So. 3d 138 (Fla. 3d DCA 2024), writs, abstracts, and enforcement orders do not qualify unless they are final and grant a sum of money.
  • Comity is not a fallback for money judgments. The Act replaced common-law comity for them. Nadd, 804 So. 2d at 1228.
  • There are 13 statutory defenses, including due process, lack of jurisdiction, fraud, public policy, and reciprocity. § 55.605.

Facing a foreign judgment, or trying to collect one in Florida? Bernhard Law Firm PLLC represents judgment creditors and judgment debtors in foreign-judgment domestication, enforcement, and defense in Miami and throughout Florida. The objection window is short, so call 786-871-3349, email abernhard@bernhardlawfirm.com, or visit www.bernhardlawfirm.com.

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The Uniform Out-of-Country Foreign Money-Judgment Recognition Act (Fla. Stat. §§ 55.601–55.607)

Florida adopted its version of the Uniform Foreign Money-Judgments Recognition Act in 1994. Ch. 94-239, Laws of Fla. (effective October 1, 1994). The Florida Supreme Court has explained that the Act “was adopted in Florida in 1994 to ensure the recognition abroad of judgments rendered in Florida.” Nadd v. Le Credit Lyonnais, S.A., 804 So. 2d 1226, 1228 (Fla. 2001). The Third District has described its purpose as providing “a speedy and certain framework for recognition of foreign judgments.” Laager v. Kruger, 702 So. 2d 1362, 1363 (Fla. 3d DCA 1997); see also Chabert v. Bacquié, 694 So. 2d 805, 811 (Fla. 4th DCA 1997).

No Full Faith and Credit for foreign-country judgments

The starting point is constitutional. “States are not required to recognize judgments rendered in foreign countries under the Full Faith and Credit Clause of the Constitution of the United States.” Osorio v. Dole Food Co., 665 F. Supp. 2d 1307, 1322 (S.D. Fla. 2009), aff’d sub nom. Osorio v. Dow Chem. Co., 635 F.3d 1277 (11th Cir. 2011); see U.S. Const. art. IV, § 1; 28 U.S.C. § 1738. Recognition of a judgment from Brazil, Mexico, Spain, or the United Kingdom is therefore a matter of Florida statutory law — not constitutional command. Federal courts sitting in diversity apply the same Florida statute. See Osorio, 635 F.3d at 1278–79.

What the Act covers: section 55.602

Section 55.602 defines two key terms:

  • “Foreign state” means any governmental unit other than the United States or a U.S. state, district, commonwealth, territory, or insular possession. § 55.602(1), Fla. Stat.
  • “Out-of-country foreign judgment” means “any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine, or other penalty.” § 55.602(2), Fla. Stat.

Three categories therefore fall outside the Act: (1) non-money relief such as injunctions, custody orders, and divorce decrees; (2) tax judgments; and (3) fines and penalties. Foreign arbitral awards also follow a separate track under the New York Convention, 9 U.S.C. §§ 201–208, and Florida’s International Commercial Arbitration Act, chapter 684, Florida Statutes.

Applicability: “final and conclusive and enforceable where rendered” (section 55.603)

Under section 55.603, the Act “applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal.” § 55.603, Fla. Stat. “The language of section 55.603 makes it clear that the first question in the recognition process is whether or not the foreign judgment is ‘final and conclusive and enforceable’ in the country where the judgment was rendered.” Nadd, 804 So. 2d at 1231.

The creditor carries that threshold burden. “The party seeking enforcement has the initial burden of proof that the judgment is final, conclusive, and enforceable where rendered.” Osorio, 665 F. Supp. 2d at 1324; F.V. de Araujo S.A. Madeiras, Agricultora, Industria e Comercio v. Dantzler Lumber & Export Co., 394 So. 3d 138, 141 (Fla. 3d DCA 2024). Courts also enforce the threshold strictly. See Nicor Int’l Corp. v. El Paso Corp., 292 F. Supp. 2d 1357, 1365 (S.D. Fla. 2003).

Is the document actually a “judgment”? The Araujo rule

The most important recent Florida decision is F.V. de Araujo S.A. Madeiras v. Dantzler Lumber & Export Co., 394 So. 3d 138 (Fla. 3d DCA 2024). A Brazilian seller had obtained a May 2004 order in a summary ação monitória (monitory action). After the buyer failed to file embargos, the order “converted” the monitory action into an enforcement action. The order directed the debtor to pay or pledge property within 24 hours, and its only reference to money was “Fees 10%.” Id. at 139–40.

The Third District affirmed dismissal with prejudice for three reasons:

  1. No finality. The order “contains no indication that it is final.” Applying the classic Florida test, finality asks whether the order “constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court.” Id. at 141 (quoting S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974)). “[J]udicial labor in Brazil continued well after entry of the May 2004 Order.” Id.
  2. No sum of money. “The May 2004 Order, on its face, does not grant or deny recovery of any sum of money.” Id. at 141–42.
  3. An abstract or account statement is not a judgment. A clerk’s “Abstract of Record,” prepared 15 years later, “is not a court order nor is it incorporated into any order by reference.” Its unexplained growth from about BRL 304,000 to more than BRL 2.5 million could include “taxes, fines, or other penalties” excluded by section 55.602. Id. at 142.

Araujo matters most in cases from civil-law countries that use summary collection procedures — Brazil’s execução de título extrajudicial, writs of attachment (mandado de penhora), payment orders, or certificates of res judicata. Whether a foreign act is a “judgment” turns on its substantive legal effect, not its label. Creditors will argue that a final writ ordering payment of a liquidated sum is the functional equivalent of a judgment. Debtors will argue that enforcement documents issued on a private credit instrument (such as a Brazilian Cédula de Crédito Bancário) never adjudicated liability at all. See Nicor, 292 F. Supp. 2d at 1365 (Dominican “sentence” combined with a damages statement was not a recognizable money judgment).

Conclusiveness: section 55.604

Except as provided in section 55.605, a qualifying judgment “is conclusive between the parties to the extent that it grants or denies recovery of a sum of money.” § 55.604, Fla. Stat. A qualifying judgment is prima facie enforceable. Araujo, 394 So. 3d at 141 (quoting Osorio, 665 F. Supp. 2d at 1323–24). Florida courts do not retry the merits of the foreign case. They ask only whether a statutory ground for nonrecognition applies.

Recognition first, then enforcement

The Florida Supreme Court treats recognition and enforcement as two separate steps: “First, the judgment must be recognized; then the judgment creditor must institute enforcement proceedings.” Nadd, 804 So. 2d at 1231. That distinction controls the limitations analysis:

  • Recognition. “[T]he only limitation applicable to the recognition of a foreign money judgment” is that it be enforceable where rendered. Florida’s own limitations statutes do not bar recognition. Id. at 1233. A judgment that is time-barred in the rendering country, however, is not “enforceable where rendered” and fails section 55.603.
  • Enforcement. Once a foreign judgment is recognized, the twenty-year period in section 95.11(1), Florida Statutes, governs enforcement — not the five-year period in section 95.11(2)(a). Id. at 1232–34.

How to Domesticate a Foreign Judgment in Florida: Step-by-Step Procedure

The Act creates a registration-style procedure, not a new lawsuit. The Florida Supreme Court summarized it this way in Nadd, 804 So. 2d at 1228–29, and the Third District repeated it in Araujo, 394 So. 3d at 141:

If a judgment creditor wishes to enforce a judgment in Florida under the [Act], he must first file the judgment with the clerk of court of the county or counties where enforcement is sought. … Once the registration and recordation are complete, the clerk sends notice to the debtor, who then may file a notice of objection within thirty days of service.

Step 1: File and record the foreign judgment (§ 55.604(1))

The creditor files the out-of-country foreign judgment with the clerk and records it in the public records of each county where enforcement is sought. § 55.604(1), Fla. Stat. The filing should include a certified copy of the judgment, a certified English translation, and proof of authentication — usually an apostille under the Hague Apostille Convention or a final certification under section 90.902(3), Florida Statutes. Florida courts have dismissed filings that lack legible, certified translations. See Diaz v. Bell MicroProducts-Future Tech, Inc., 43 So. 3d 138, 140 (Fla. 3d DCA 2010).

Record the actual judgment. Araujo holds that writs, abstracts, account statements, and conversion orders are not substitutes for a final judgment granting a sum of money. 394 So. 3d at 141–42. A creditor that “struggle[s] to produce a Brazilian final judgment” and files “numerous documents (many of which were not judicial orders)” invites dismissal. Id. at 141.

Step 2: Record the statutory affidavit (§ 55.604(1))

At the time of recording, the judgment creditor must record an affidavit with the name, Social Security number (if known), and last known post office address of both the judgment debtor and the judgment creditor. § 55.604(1), Fla. Stat. The named creditor matters. If the creditor is an assignee, the record should establish the chain of title to the judgment. Florida courts require a party to have standing when the action is filed, not only at the end. See, e.g., McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So. 3d 170, 173–74 (Fla. 4th DCA 2012); Lewis v. U.S. Bank Nat’l Ass’n, 298 So. 3d 72, 76–77 (Fla. 4th DCA 2020); Espinosa v. Sparber, Shevin, Shapo, Rosen & Heilbronner, 612 So. 2d 1378, 1380 (Fla. 1993).

Step 3: Notice to the judgment debtor

The clerk mails notice of the recording to the debtor by registered mail, return receipt requested, and makes a docket note. The creditor may also mail notice and record proof of mailing. If it does, a failure by the clerk to mail notice does not affect enforcement. § 55.604(1), Fla. Stat. Many creditors also serve the notice personally, because the debtor’s objection deadline runs from service.

Step 4: The 30-day notice of objection (§ 55.604(2))

The judgment debtor has 30 days after service of the notice to file a notice of objection with the clerk. The objection must specify the grounds for nonrecognition or nonenforceability under the Act. § 55.604(2), Fla. Stat. This is the single most important deadline for a debtor. A thorough objection typically:

  • challenges the threshold requirements — that the document is not a judgment, does not grant a sum of money, or is not final, conclusive, and enforceable where rendered (§§ 55.602(2), 55.603);
  • raises every mandatory ground under section 55.605(1) and discretionary ground under section 55.605(2) the facts support;
  • challenges defects in the recording and affidavit (§ 55.604(1)) and the petitioner’s standing; and
  • is verified and supported by a declaration from a foreign-law expert.

Florida courts have held that the Act does not require formal pleadings. Araujo, 394 So. 3d at 140 n.3 (citing Chabert, 694 So. 2d at 811). Debtors nonetheless often pair the objection with a motion to dismiss. In Araujo, the trial court ultimately dismissed with prejudice and the Third District affirmed. Id. at 139.

Step 5: Hearing and order (§ 55.604(3))

On application of any party, after notice, the circuit court may hold a hearing and enter an order recognizing or denying recognition of the foreign judgment. § 55.604(3), Fla. Stat.; see also § 55.601(3). The hearing is evidentiary in substance. Expect certified foreign court records, translations, and dueling expert declarations on foreign law. Foreign law is a question of law. Florida courts may take judicial notice of it under sections 90.202(4) and 90.203, Florida Statutes, and federal courts apply Federal Rule of Civil Procedure 44.1.

A party asserting a statutory ground for nonrecognition must support it with competent evidence. See Chabert, 694 So. 2d at 815. Appellate review of the trial court’s interpretation of the Act is de novo. Araujo, 394 So. 3d at 141 (citing Parisi v. de Kingston, 357 So. 3d 1254, 1257 (Fla. 3d DCA 2023)).

Step 6: No objection — the clerk’s certificate (§ 55.604(4))

If the debtor does not timely object, the clerk records a certificate stating that no objection was filed. § 55.604(4), Fla. Stat. “Under such a circumstance, the judgment creditor is entitled to enforcement without a hearing.” Nadd, 804 So. 2d at 1229.

Step 7: Recognized judgment is enforced like a Florida judgment (§ 55.604(5)–(8))

Once the court enters an order recognizing the judgment, or the clerk records the no-objection certificate, the judgment is enforced in the same manner as a judgment of a Florida court. § 55.604(5), Fla. Stat. The order and judgment may be recorded in any other Florida county without further notice. § 55.604(6). Liens arise only on specific filings:

Asset typeHow a lien arisesStatute
Real propertyRecord a certified copy of the judgment plus the clerk’s certificate or recognition order in that county; priority runs from the later recording§ 55.604(7)
Personal propertyFile a judgment lien certificate with the Florida Department of State§§ 55.604(8), 55.203

Stays when an appeal is pending abroad (§ 55.607)

Under section 55.603, a judgment can qualify “even though an appeal therefrom is pending or is subject to appeal.” Section 55.607 adds a stay: if the defendant satisfies the court “that an appeal is pending, or that he or she intends to appeal, and that he or she has obtained a stay of judgment from the foreign court,” the court “may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.” § 55.607, Fla. Stat.

Two practice points follow. First, the statutory stay is designed for the debtor and requires a foreign stay, not just a pending appeal. Second, creditors whose own foreign enforcement has been vacated or suspended sometimes ask Florida courts for a discretionary comity stay instead. They rely on cases such as Robinson v. Royal Bank of Canada, 462 So. 2d 101, 102 (Fla. 4th DCA 1985), where the court quashed an order refusing to stay a Florida suit in deference to a prior Canadian action, reasoning that “[a] grant of stay is appropriate where two actions are pending simultaneously which involve the same parties and substantially the same causes of action.” Debtors respond that a stay cannot cure a threshold defect. If no qualifying money judgment exists today, no outcome of the foreign appeal will create one, and the Act gives no authority to hold a recognition proceeding open while the creditor tries to obtain a judgment abroad.

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Defenses to Recognition of a Foreign Judgment in Florida

Florida courts do not reopen the merits of a foreign case because a debtor disagrees with the result. The defenses are the ones the Act lists, plus failure of the creditor’s threshold proof. Section 55.605 divides the statutory defenses into two tiers.

Threshold defenses: no qualifying judgment

Before reaching section 55.605, a debtor should test every element of the creditor’s prima facie case:

Element the creditor must proveStatuteKey authority
A judgment of a foreign state (not a writ, abstract, or private instrument)§ 55.602(2)Araujo, 394 So. 3d at 141–42; Nicor, 292 F. Supp. 2d at 1365
Granting or denying recovery of a sum of money§ 55.602(2)Araujo, 394 So. 3d at 141–42
Not for taxes, a fine, or other penalty§ 55.602(2)Araujo, 394 So. 3d at 142
Final, conclusive, and enforceable where rendered§ 55.603Nadd, 804 So. 2d at 1231; Osorio, 665 F. Supp. 2d at 1324
Properly filed, recorded, and noticed with the statutory affidavit§ 55.604(1)Nadd, 804 So. 2d at 1228–29
Petitioner owns the judgment (standing / valid assignment)Fla. law on standingMcLean, 79 So. 3d at 173–74; Espinosa, 612 So. 2d at 1380

Two threshold defenses deserve special attention.

Enforceability where rendered and foreign limitations. A judgment that has prescribed, expired, been vacated, or been suspended under the rendering country’s law is not “enforceable where rendered.” § 55.603, Fla. Stat. Nadd holds that Florida’s limitation periods do not bar recognition; the rendering country’s rules on enforceability do. 804 So. 2d at 1233. Many civil-law systems apply prescrição intercorrente (intercurrent prescription) or similar doctrines that extinguish a dormant enforcement proceeding. Expert proof on that point can defeat recognition outright.

Exhibits that contradict the petition. Where a petition’s exhibits contradict its allegations, the exhibits control. Age of Empire, Inc. v. Ocean Two Condo. Ass’n, 367 So. 3d 1278, 1279–80 (Fla. 3d DCA 2023). If the “judgment” attached is, on its face, a writ or an enforcement notice, the petition fails.

Mandatory grounds: the judgment is “not conclusive” (§ 55.605(1))

Under section 55.605(1), an out-of-country foreign judgment is not conclusive if:

  1. Systemic due process failure — it was rendered under a system that does not provide impartial tribunals or procedures compatible with due process of law. § 55.605(1)(a).
  2. No personal jurisdiction — the foreign court lacked personal jurisdiction over the defendant. § 55.605(1)(b).
  3. No subject-matter jurisdiction — the foreign court lacked jurisdiction over the subject matter. § 55.605(1)(c).

Systemic due process. The standard is international fairness, not American procedure. Courts ask whether the foreign system’s procedures are fundamentally fair. Society of Lloyd’s v. Ashenden, 233 F.3d 473, 476–77 (7th Cir. 2000); Osorio, 665 F. Supp. 2d at 1327–28 (adopting the Ashenden standard). In Osorio, the court refused to recognize a $97 million Nicaraguan judgment, finding the State Department’s human rights reports “particularly persuasive” on the judiciary’s lack of impartiality. 665 F. Supp. 2d at 1348–49. A system may fail even if its constitution looks like ours on paper. Id. at 1349 (citing Bridgeway Corp. v. Citibank, 201 F.3d 134 (2d Cir. 2000) (Liberian judgment refused during civil war)). The burden of proving a systemic defect is heavy.

Personal jurisdiction. Section 55.606 lists six bases on which a judgment cannot be refused for lack of personal jurisdiction: personal service in the foreign state; a voluntary appearance (other than to protect seized property or contest jurisdiction); an advance agreement to submit to jurisdiction; domicile or corporate status in the foreign state; a business office there, if the claim arose from that office’s business; or operation of a motor vehicle or airplane there, if the claim arose from that operation. § 55.606, Fla. Stat. Courts may recognize other bases of jurisdiction as well.

Discretionary grounds: the judgment “need not be recognized” (§ 55.605(2))

Section 55.605(2) lists ten grounds on which a Florida court may refuse recognition:

GroundStatuteNotes and authority
No notice in time to defend§ 55.605(2)(a)Service defects, attorney abandonment, or no notice of critical rulings can qualify
Fraud§ 55.605(2)(b)Generally fraud on the court. See State v. Burton, 314 So. 2d 136, 137–38 (Fla. 1975)
Claim repugnant to Florida public policy§ 55.605(2)(c)Osorio, 665 F. Supp. 2d at 1345–47; Turner Entm’t Co. v. Degeto Film GmbH, 25 F.3d 1512, 1519 (11th Cir. 1994)
Conflict with another final and conclusive order§ 55.605(2)(d)Including competing insolvency or asset-freeze orders
Contrary to a forum-selection or arbitration agreement§ 55.605(2)(e)Check the contract’s dispute-resolution clause
Seriously inconvenient forum (jurisdiction based only on personal service)§ 55.605(2)(f)Narrow; applies only to service-based jurisdiction
No reciprocity§ 55.605(2)(g)Foreign state would not recognize a similar Florida judgment
Foreign defamation judgment§ 55.605(2)(h)Court must first find free-speech protection at least equal to U.S. and Florida constitutions; see also § 55.6055; 28 U.S.C. § 4102 (SPEECH Act)
Substantial doubt about the rendering court’s integrity§ 55.605(2)(i)Case-specific corruption or bias
Specific proceeding incompatible with due process§ 55.605(2)(j)Case-specific; no need to condemn the whole system

Case-specific due process (§ 55.605(2)(j)) and integrity (§ 55.605(2)(i)). These two grounds mean a debtor need not prove that an entire nation’s judiciary is defective. The debtor can instead show that this proceeding was unfair: no hearing on the merits, refusal to consider defenses or evidence, no reasoned decision, or loss of counsel without notice. The touchstone is that “a fair trial in a fair tribunal is a basic requirement of due process.” Caperton v. A.T. Massey Coal Co., 556 U.S. 868, 876 (2009). Florida decisions on the right to present evidence and confront witnesses are persuasive by analogy. See Miami-Dade Cnty. v. City of Miami, 315 So. 3d 115, 125–26 (Fla. 3d DCA 2020); T.H. v. State, 349 So. 3d 951, 957 (Fla. 2d DCA 2022).

Public policy (§ 55.605(2)(c)). The statute asks whether the cause of action or claim for relief is repugnant to Florida public policy, and the bar is high. A foreign judgment is unenforceable on this ground when it is “repugnant to fundamental notions of what is decent and just in the State where enforcement is sought.” Osorio, 665 F. Supp. 2d at 1346 (quoting Turner, 25 F.3d at 1519); see also TermoRio S.A. E.S.P. v. Electranta S.P., 487 F.3d 928, 938 (D.C. Cir. 2007). In Osorio, a Nicaraguan statute that imposed irrebuttable presumptions of causation and stripped defendants of their right to defend violated Florida public policy. 665 F. Supp. 2d at 1346–47 (citing Straughn v. K & K Land Mgmt., Inc., 326 So. 2d 421, 424 (Fla. 1976)), aff’d, 635 F.3d at 1279.

Reciprocity (§ 55.605(2)(g)). Florida is one of a minority of states that keep reciprocity as a ground for nonrecognition. Proof usually comes from a foreign-law expert describing whether the rendering country would recognize a Florida money judgment — for example, through exequatur or Brazil’s homologation procedure before the Superior Court of Justice (STJ). Reciprocity reflects the Act’s original purpose: to ensure “the recognition abroad of judgments rendered in Florida.” Nadd, 804 So. 2d at 1228.

Evidence wins these fights

Every defense under section 55.605 requires proof. A bare assertion that a foreign judgment was unfair is not competent evidence that the debtor lacked notice, the court lacked jurisdiction, or fraud tainted the result. See Chabert, 694 So. 2d at 815. Debtors should file a verified objection, a sworn declaration of facts, certified copies of the foreign docket, and at least one qualified foreign-law expert. Creditors should answer with their own expert and the complete foreign record.

Alternatives to the Act: Comity, Declaratory Judgment, and Other Routes

For a foreign-country money judgment, the Act is the main road — and in Florida, close to the only one. For other foreign decrees, other doctrines still matter.

Common-law comity

Comity is “the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens.” Hilton v. Guyot, 159 U.S. 113, 163–64 (1895). Under Hilton, a foreign judgment generally should not be retried where there was a full and fair trial before a competent court, after proper service or voluntary appearance, under a system of impartial justice, with no fraud or prejudice. Id. at 202–03. Florida courts have long applied comity to foreign decrees. See Nahar v. Nahar, 656 So. 2d 225, 228 (Fla. 3d DCA 1995) (“[F]inal judgments of, and certain interlocutory orders by, the highest court of a foreign nation are entitled to comity.”).

For money judgments, the Act displaced comity. The Florida Supreme Court has stated plainly: “The Act replaced common law principles of comity relating to the recognition of foreign judgments.” Nadd, 804 So. 2d at 1228. The Fourth District put it more cautiously: the Act replaces comity “at least to the extent of any differences between the Act and the common law.” Chabert, 694 So. 2d at 811. In Araujo, the creditor pleaded a separate comity count, arguing that comity reaches “a broader range of foreign orders than the Act.” The Third District refused: “We decline to resort to common law principles of comity because they have been replaced by the Act.” 394 So. 3d at 142. The court also noted that Nahar predated the Act and did not mention it. Id. at 142 n.4.

The practical rule: a creditor cannot rescue a document that fails sections 55.602 and 55.603 by relabeling the claim as comity. And a judgment that fails the Act’s due process, fraud, or public policy tests would fail Hilton comity for the same reasons.

Comity still matters outside the Act. Comity remains the framework for foreign decrees that do not grant or deny a sum of money, such as:

  • foreign divorce, status, and property-division decrees;
  • foreign insolvency and liquidation orders (often now through Chapter 15 of the Bankruptcy Code, 11 U.S.C. §§ 1501–1532, which builds in comity and cooperation);
  • injunctions, asset-freeze orders, and other non-money relief; and
  • discretionary stays in deference to parallel foreign litigation. See Robinson, 462 So. 2d at 102; Turner, 25 F.3d at 1518–22.

Specialized statutes also govern certain categories. Foreign child custody determinations fall under Florida’s Uniform Child Custody Jurisdiction and Enforcement Act, part II of chapter 61, including its international-application provision, section 61.506. Foreign support orders fall under the Uniform Interstate Family Support Act, chapter 88, Florida Statutes.

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Declaratory judgment under chapter 86

Florida’s Declaratory Judgment Act lets circuit courts “declare rights, status, and other equitable or legal relations” and to construe instruments and resolve doubts about legal rights. §§ 86.011, 86.021, Fla. Stat. The Act is to be “liberally administered and construed.” § 86.101, Fla. Stat. A party must still show “a bona fide, actual, present practical need for the declaration,” an actual controversy between adverse parties, and that the relief sought is not merely advisory. Martinez v. Scanlan, 582 So. 2d 1167, 1170 (Fla. 1991); see also Santa Rosa Cnty. v. Admin. Comm’n, 661 So. 2d 1190, 1192–93 (Fla. 1995).

Declaratory relief is useful in three situations:

  1. Non-money foreign decrees. A party may ask the court to declare the effect in Florida of a foreign divorce, ownership, or status decree, applying comity principles.
  2. Pre-emptive defense by a debtor. A debtor facing threatened enforcement may seek a declaration that a foreign decision is not entitled to recognition. The Legislature expressly authorized this for foreign defamation judgments: section 55.6055 gives Florida courts personal jurisdiction over the person who obtained the judgment “for purposes of rendering declaratory relief” on its enforceability. See also 28 U.S.C. § 4104 (federal declaratory relief under the SPEECH Act).
  3. Clarifying a mixed decree. Where a foreign decision contains both money and non-money components, a declaration can sort out which parts the Act governs.

A declaratory count is not a way around the Act. If the substance of the request is to recognize and enforce a foreign money judgment, the creditor must satisfy sections 55.602 through 55.605, as Araujo makes clear.

Suing on the underlying claim or on the judgment

Before the Act, a creditor brought a plenary action on the foreign judgment — an approach the Fourth District called “cumbersome because it required an entirely new action, with its own pleadings and evidence.” Chabert, 694 So. 2d at 811. With comity displaced for money judgments, that route offers little today.

A creditor whose foreign document is not a recognizable judgment may instead sue on the underlying contract or obligation in Florida. That suit faces Florida’s limitation periods, including the five-year period for written contracts in section 95.11(2)(b), Florida Statutes, plus jurisdiction and forum non conveniens defenses under Florida Rule of Civil Procedure 1.061.

Federal court

A recognition action may also be filed in, or removed to, federal court where diversity or alienage jurisdiction exists. 28 U.S.C. §§ 1332(a)(2), 1441. The federal court applies Florida’s Act, as in Osorio and Nicor. Florida federal courts also decide most Chapter 15 cases and New York Convention arbitration matters. 9 U.S.C. § 203.

Sister-State Judgments Distinguished: The Florida Enforcement of Foreign Judgments Act (§§ 55.501–55.509)

In Florida practice, “foreign judgment” can also mean a judgment from another U.S. state or a federal court. Those judgments follow a different statute — the Florida Enforcement of Foreign Judgments Act, sections 55.501–55.509 (“FEDJA”) — and a different constitutional rule.

The Full Faith and Credit Clause “requires each state to recognize the judgments obtained in courts of sister states.” Trauger v. A.J. Spagnol Lumber Co., 442 So. 2d 182, 183 (Fla. 1983) (citing U.S. Const. art. IV, § 1). Florida “cannot be empowered by the legislature to review the underlying cause of action.” Id. at 184. That holds even when Florida policy disfavors the underlying claim. See Fauntleroy v. Lum, 210 U.S. 230 (1908). And a jurisdictional question fully litigated in the rendering state is itself entitled to full faith and credit. Durfee v. Duke, 375 U.S. 106, 111 (1963). Federal judgments can also be registered in other districts under 28 U.S.C. § 1963.

IssueOut-of-country judgment (§§ 55.601–.607)Sister-state judgment (§§ 55.501–.509)
Constitutional statusNo full faith and credit; recognition by statuteFull faith and credit required
NoticeClerk mails notice; creditor may mail and record proof (§ 55.604(1))Clerk mails notice; creditor may mail and record proof (§ 55.505(1)–(2))
Debtor’s 30 days30 days from service of notice to file a notice of objection (§ 55.604(2))No execution until 30 days after clerk’s mailing (§ 55.505(3)); to obtain an automatic stay, debtor must sue within 30 days of recording and record a lis pendens (§ 55.509(1))
Available defensesTen discretionary and three mandatory grounds (§ 55.605), plus threshold requirementsNarrow: lack of jurisdiction, fraud, satisfaction, or other grounds that would void the judgment where rendered
Other staysPending foreign appeal plus foreign stay (§ 55.607)Any ground that would stay a Florida judgment, on posting the same security (§ 55.509(2))
Enforcement limitations20 years after recognition (§ 95.11(1); Nadd)Governed by § 95.11 and the rendering state’s law

The lesson for practitioners: identify which statute applies first. A debtor who calendars the wrong 30-day period — or files the wrong kind of challenge — can lose the right to contest the judgment.

After Recognition: Collecting a Foreign Judgment in Florida

Once recognized, a foreign judgment is enforced in the same manner as a judgment of a Florida court. § 55.604(5), Fla. Stat. Recognition opens Florida’s full collection toolkit, but it does not reach exempt assets.

Creditor remedies

  • Judgment liens. Real property: record under section 55.604(7). Personal property: file a judgment lien certificate with the Department of State under sections 55.202–55.203.
  • Post-judgment interest at the statutory rate under section 55.03, Florida Statutes.
  • Discovery in aid of execution, including the fact information sheet. Fla. R. Civ. P. 1.560 & Form 1.977.
  • Execution and levy on nonexempt property under chapter 56, Florida Statutes.
  • Garnishment of bank accounts, receivables, and wages under chapter 77, Florida Statutes.
  • Proceedings supplementary under section 56.29, which can reach assets transferred to or held by third parties.
  • Fraudulent transfer claims under Florida’s Uniform Fraudulent Transfer Act, chapter 726, Florida Statutes.

Debtor protections that survive recognition

Florida’s exemptions are among the strongest in the country, and they apply to recognized foreign judgments exactly as they apply to domestic ones:

Attorney’s fees

The Act has no fee-shifting provision. Fees may be available under a contractual fee clause in the underlying instrument, made reciprocal by section 57.105(7), or as sanctions for unsupported claims or defenses under section 57.105(1). Both sides should plead entitlement early.

Practical Checklists for Creditors and Debtors

For judgment creditors

  • ☐ Obtain the actual final judgment — not a writ, abstract, or payment order — with certified copies and certified translations.
  • ☐ Retain a foreign-law expert to confirm the judgment is final, conclusive, and currently enforceable where rendered, including any prescription or limitations issues.
  • ☐ Document the amount: principal, interest, costs, and any excluded taxes, fines, or penalties (Araujo, 394 So. 3d at 142).
  • ☐ If you are an assignee, assemble the full chain of title and any foreign court order approving substitution.
  • ☐ Record the judgment and the section 55.604(1) affidavit in every county where assets sit; mail notice yourself and record proof.
  • ☐ Investigate assets before filing, and plan for exemption fights.

For judgment debtors

  • ☐ Calendar the 30-day objection deadline from service of notice (§ 55.604(2)). Do not miss it.
  • ☐ Obtain everything that was recorded and the complete foreign docket.
  • ☐ Test the threshold: is it a judgment, for a sum of money, final, conclusive, and enforceable where rendered (§§ 55.602–55.603; Araujo)?
  • ☐ Raise every supported ground under section 55.605(1) and (2) in a verified objection, backed by a foreign-law expert declaration.
  • ☐ Challenge standing and any undocumented assignment.
  • ☐ If a foreign appeal is pending, determine whether a foreign stay exists (§ 55.607) — or whether the appeal is irrelevant to the threshold defect.
  • ☐ Map exempt assets and preserve fee entitlement.

Frequently Asked Questions

How long does a debtor have to object to a foreign judgment in Florida? Thirty days after service of the clerk’s notice of recording. § 55.604(2), Fla. Stat. For sister-state judgments under FEDJA, the relevant deadlines run from mailing and recording instead. §§ 55.505, 55.509.

Can Florida recognize a foreign judgment that is on appeal? Yes. The Act applies “even though an appeal therefrom is pending or is subject to appeal.” § 55.603. The court may stay proceedings if the debtor shows a pending or intended appeal and a stay from the foreign court. § 55.607.

Does Florida require reciprocity? Not automatically. Lack of reciprocity is a discretionary ground: a judgment “need not be recognized” if the foreign country would not recognize a similar Florida judgment. § 55.605(2)(g).

Is a foreign writ of execution or attachment a “judgment” under the Act? Not by label alone. The document must itself grant or deny a sum of money and be final, conclusive, and enforceable where rendered. Enforcement orders, abstracts of record, and conversion orders failed that test in F.V. de Araujo S.A. Madeiras v. Dantzler Lumber & Export Co., 394 So. 3d 138, 141–42 (Fla. 3d DCA 2024).

Can a creditor use comity if the Act does not apply? For money judgments, generally no. “The Act replaced common law principles of comity relating to the recognition of foreign judgments.” Nadd, 804 So. 2d at 1228; Araujo, 394 So. 3d at 142. Comity remains relevant for non-money decrees.

What is the statute of limitations to enforce a foreign judgment in Florida? Recognition is limited only by enforceability where rendered. After recognition, Florida’s twenty-year judgment period in section 95.11(1) applies. Nadd, 804 So. 2d at 1232–34.

Are foreign arbitral awards handled the same way? No. Foreign arbitral awards are confirmed under the New York Convention, 9 U.S.C. §§ 201–208, or chapter 684, Florida Statutes, not the Act.

Conclusion

Foreign-judgment cases in Florida usually turn on a single question: what exactly did the foreign court do, and what legal effect does that act have today in the country where it was entered? Creditors win by recording a true final money judgment and proving its current enforceability with competent foreign-law evidence. Debtors win by holding creditors to the Act’s threshold requirements, meeting the 30-day objection deadline, and proving the specific grounds in section 55.605. After Araujo, Florida courts are applying those requirements strictly — and comity is no longer a safety net for money judgments that do not qualify.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Foreign-judgment matters are fact-specific; consult a Florida attorney about your situation.

Highlights: What to Remember

  • Creditors: Record the actual final money judgment, with certified translations, the § 55.604(1) affidavit, and proof that it is currently enforceable where it was rendered.
  • Debtors: Calendar the 30-day objection deadline, test the threshold requirements first, and back every § 55.605 ground with a foreign-law expert.
  • Foreign appeals: A stay under § 55.607 requires a stay from the foreign court, not just a pending appeal.
  • After recognition: The judgment is enforceable for 20 years under § 95.11(1), but Florida’s homestead, entireties, wage, and retirement exemptions still apply.
  • Sister-state judgments follow a different statute (§§ 55.501–55.509) with different 30-day deadlines.

Talk to a Florida Foreign Judgment Attorney

Bernhard Law Firm PLLC advises and litigates for clients on both sides of foreign-judgment cases in Florida. We file and oppose petitions to domesticate foreign judgments, prepare notices of objection, work with foreign-law experts, and handle collection and asset-protection issues after recognition.

Deadlines in these cases are short and the record is decided early. If you have been served with notice of a recorded foreign judgment, or you need to enforce a judgment from another country in Florida, contact us now.

Bernhard Law Firm PLLC
333 SE 2nd Avenue, Suite 2000, Miami, Florida 33131
Phone: 786-871-3349
Email: abernhard@bernhardlawfirm.com
Web: www.bernhardlawfirm.com

Sources and key authorities

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