Florida Statute 55.505 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 55
JUDGMENTS

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F.S. 55.505

55.505 Notice of recording; prerequisite to enforcement.—

(1) At the time of the recording of a foreign judgment, the judgment creditor shall make and record with the clerk of the circuit court an affidavit setting forth the name, social security number, if known, and last known post office address of the judgment debtor and of the judgment creditor.

(2) Promptly upon the recording of the foreign judgment and the affidavit, the clerk shall mail notice of the recording of the foreign judgment, by registered mail with return receipt requested, to the judgment debtor at the address given in the affidavit and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and of the judgment creditor’s attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the recording of the judgment to the judgment debtor and may record proof of mailing with the clerk. The failure of the clerk to mail notice of recording will not affect the enforcement proceedings if proof of mailing by the judgment creditor has been recorded.

(3) No execution or other process for enforcement of a foreign judgment recorded hereunder shall issue until 30 days after the mailing of notice by the clerk and payment of a service charge of up to $42 to the clerk, from which the clerk shall remit $4.50 to the Department of Revenue for deposit into the General Revenue Fund. When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this section.

History.—s. 4, ch. 84-5; s. 12, ch. 93-250; s. 17, ch. 94-348; s. 70, ch. 2003-402; s. 26, ch. 2008-111; s. 13, ch. 2019-58.

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Amendments to 55.505

Arrestable Offenses / Crimes under Fla. Stat. 55.505

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 55.505.

Annotations, Discussions, Cases:

Cases Citing Statute 55.505

Total Results: 20

Gil De Lamadrid v. De Jesus Rivera

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-17T00:00:00-07:00

Citation: 272 So. 3d 845

Snippet: foreign judgment was not mailed to Former Wife. See § 55.505(2), Fla. Stat. (2017). Case No. 5D19-342

Gil De Lamadrid v. De Jesus Rivera

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-17T00:00:00-07:00

Citation: 272 So. 3d 845

Snippet: foreign judgment was not mailed to Former Wife. See § 55.505(2), Fla. Stat. (2017). Case No. 5D19-342

Liberty New v. Charles Bennett

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-04T00:53:00-07:00

Snippet: Foreign Order in accordance with sections 55.503 and 55.505, Florida Statutes. New filed the petition in Bay

Pratt v. Equity Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-27T00:00:00-07:00

Citation: 124 So. 3d 313, 2013 WL 5379124, 2013 Fla. App. LEXIS 15290

Snippet: , Fla. Stat. (2008). In accordance with section 55.505, the clerk of the court mailed a notice of recording…last known address of the judgment debtor. Id. § 55.505(1). Once the foreign judgment is recorded, the …receipt requested, to the judgment debtor. Id. § 55.505(2). The statute makes clear that a properly recorded

Gorny v. Leger

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-11T00:00:00-08:00

Citation: 114 So. 3d 238, 2013 WL 132458, 2013 Fla. App. LEXIS 469

Snippet: following herein: 1.Pursuant to Florida Statutes § 55.505(2), counsel for Former Wife must send a Notice

Weiss v. Weiss

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-14T00:00:00-08:00

Citation: 100 So. 3d 1220, 2012 Fla. App. LEXIS 19700, 2012 WL 5499974

Snippet: domesticated in Florida effective August 25, 2007. See § 55.505(3), Fla. Stat. (2007). At that time, the Illinois

Boats Express, Inc. v. Thackeray

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-26T00:00:00-07:00

Citation: 978 So. 2d 206, 2008 Fla. App. LEXIS 4327

Snippet: the filing to Boats Express pursuant to section 55.505(2). In this process, the clerk assigned the judgment

Credit Counseling Foundation, Inc. v. Hylkema

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-13T00:00:00-07:00

Citation: 958 So. 2d 1059, 2007 Fla. App. LEXIS 9139, 2007 WL 1687584

Snippet: County to register his foreign judgment. See § 55.505(1), Fla. Stat. Credit Counseling filed a petition

Haigh v. Planning Bd. of Town of Medfield

Court: Fla. Dist. Ct. App. | Date Filed: 2006-11-02T23:53:00-08:00

Citation: 940 So. 2d 1230

Snippet: Judgment," presumably pursuant to section 55.505(2), Florida Statutes (2005). Haigh then filed a

Becker v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-08T00:00:00-07:00

Citation: 937 So. 2d 1128

Snippet: Stat. (2005) (providing "[n]otwithstandings. 55.505 or any other provision to the contrary, neither

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-08-23T00:53:00-07:00

Snippet: of a circuit or county court of this state; s. 55.505, Fla. Stat., requiring a judgment creditor, at

New York State Commissioner of Taxation & Finance v. Hayward

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-25T00:00:00-07:00

Citation: 902 So. 2d 309, 2005 Fla. App. LEXIS 7956, 2005 WL 1229681

Snippet: Haywards had received notice from the Clerk. See § 55.505, Fla. Stat. (2002). The judgment debtor may file

Michael v. Valley Trucking Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-04T00:00:00-08:00

Citation: 832 So. 2d 213

Snippet: law action to enforce a final judgment). Section 55.505, Florida Statutes, sets forth the procedures by…after mailing of the notice required by section 55.505. Section 55.503 allows for the recording of a certified… of a Florida court. Nowhere in section 55.504, 55.505, or 55.507 is there any limitation on the number

Nat'l Union Fire Ins. Co. v. McWilliams

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-13T23:53:00-08:00

Citation: 799 So. 2d 378

Snippet: domestication of a foreign judgment pursuant to section 55.505, Florida Statutes (1999). The complaint alleged

Cutler v. Harrison

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-25T00:00:00-07:00

Citation: 792 So. 2d 574, 2001 Fla. App. LEXIS 10310, 2001 WL 830619

Snippet: initiated by Cutler as judgment debtor. See id. §§ 55.505, .509; Hinchee v. Golden Oak Bank, 540 So.2d 262

Cruz v. Desert Palace, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-11-08T00:00:00-08:00

Citation: 770 So. 2d 306, 2000 Fla. App. LEXIS 14620, 2000 WL 1671443

Snippet: the foreign judgment to Cruz pursuant to section 55.505(2), Florida Statutes (1997).2 Within thirty days…of enforcement pursuant to section 55.509. See § 55.505(3)3. During this thirty day period, no execution…enforcement of the foreign judgment can issue. § 55.505(3). According to the record before us, the clerk…alternative notice to Cruz as prescribed by section 55.505(2). After thirty days had elapsed from Desert Palace…reinstate the thirty day period contained in section 55.505(3) for him to challenge the judgment. The trial

Jackson v. Alexander

Court: Fla. Dist. Ct. App. | Date Filed: 1998-01-29T23:53:00-08:00

Citation: 706 So. 2d 364

Snippet: judgment which is required in this state. Section 55.505(3), Florida Statutes, provides that "[w]hen…automatic stay ...' provided in both sections 55.505(3) and 55.507 is a further stay (or extension)

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-09-12T00:53:00-07:00

Snippet: Act," ss.55.501-55.509, Fla. Stat. 5 Section 55.505(2) and (3), Fla. Stat. 6 Catherine F. Klein, "

Castillo-Plaza v. Green

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-24T00:53:00-07:00

Citation: 655 So. 2d 197

Snippet: ), appeal denied, 113 Ill.2d 584, 106 Ill.Dec. 55, 505 N.E.2d 361 (1987), set forth the public policy

Dollar Sav. and Trust Co. v. Soltesiz

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-15T23:53:00-08:00

Citation: 636 So. 2d 63

Snippet: 55.503. On August 8, 1990, pursuant to section 55.505, Florida Statutes (1989), the circuit court clerk…of the mailing of the notice required by section 55.505 by the circuit court clerk. As we earlier observed…so, we interpret sections 55.10, 55.502, 55.503, 55.505, 55.507 and 55.509 (§§ 55.501-55.509 are referred…section 55.507 from the immediately preceding section 55.505(3), which states: "No execution or other process…of this section" provided in both sections 55.505(3) and 55.507 is a further stay (or extension)