55.509
Stay of enforcement of foreign judgment.
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55.509 Stay of enforcement of foreign judgment.—
(1) If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment or the validity of the foreign judgment and records a lis pendens directed toward the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action by the judgment debtor.
(2) If the judgment debtor shows the circuit or county court any ground upon which enforcement of a judgment of any circuit or county court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
History.—s. 6, ch. 84-5.
Notes of Decisions
Cited in 32
cases (1 in the last 5 years), 1987–2026 · leading case: SCG Travel, Inc. v. Westminster Financial Corp.
SCG Travel, Inc. v. Westminster Financial Corp. (1991)
“503, Florida Statutes (1989), whereupon respondents filed actions in the circuit court here under section 55.509, Florida Statutes (1989), contesting the validity of the New Jersey judgments under the United States Constitution.”
Whipple v. JSZ Financial Co., Inc. (2004)
“§ 55.509, Fla. Stat. (1995). This court has expressly held that the thirty-day time period applies only to the issuance of a stay of enforcement of the judgment and does not require that a collateral attack be instituted within thirty days or be forever barred.”
Expedia, Inc. v. McKenney's, Inc. (1992)
“§ 55.509, Fla. Stat. (1991). This provision is part of the Florida Enforcement of Foreign Judgments Act, which itself constitutes Florida's adaptation of the Uniform Enforcement of Foreign Judgments Act (1964), 13 U.”
Nichols v. Nichols (1993)
“On April 5, 1991, the former wife filed a petition for writ of execution, alleging that the former husband failed to contest the jurisdiction of the court that entered the foreign judgment within thirty (30) days of the date of recording the judgment, pursuant to section 55.509.…”
Jones v. Directors Guild of America, Inc. (1991)
“They contend that when the California judgments were recorded in the Levy County public records Jones did not attack the validity of the foreign judgments within 30 days as required, they argue, by section 55.509, Florida Statutes (1989). This argument is completely without…”
Dollar Sav. and Trust Co. v. Soltesiz (1994)
“The Soltesizes, in their still-pending section 55.509 declaratory judgment action, then filed an emergency motion to determine lien priority.”
Haigh v. Planning Bd. of Town of Medfield (2006)
“§ 55.509(1), Fla. Stat. (2005). Although Haigh did not follow the statutory procedure in the instant case, the Planning Board should not be heard to complain.”
Hinchee v. Golden Oak Bank (1989)
“Under the Act, a judgment creditor may record the foreign judgment without filing an action to enforce it. The judgment debtor may then file an action to challenge jurisdiction of the foreign court or the validity of the foreign judgment.”
Jackson v. Alexander (1998)
“" The trial court ruled that Petitioner's motion was premature because he had not yet posted bond in accord with section 55.509, Florida Statutes. The trial court did not depart from the essential requirements of law in denying Petitioner's motion.”
ZITANI v. Reed (2008)
“He did not file an action within thirty days contesting the enforcement of this judgment in Florida as authorized by section 55.509. Instead, he responded with a "suggestion of bankruptcy" and a representation that he was retaining counsel to reopen the bankruptcy case to…”
Williams v. Cadlerock Joint Venture, LP (2008)
“(1) If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment or the validity of the foreign judgment and records a lis pendens directed toward the foreign…”
New York State Commissioner of Taxation & Finance v. Hayward (2005)
“505, Fla. Stat. (2002). The judgment debtor may file an action- contesting the validity of the foreign judgment if the action is filed within thirty days after the date on which the foreign judgment was recorded.”
— 55.509(1) — 20 cases
Expedia, Inc. v. McKenney's, Inc. (1992)
“§ 55.509, Fla. Stat. (1991). This provision is part of the Florida Enforcement of Foreign Judgments Act, which itself constitutes Florida's adaptation of the Uniform Enforcement of Foreign Judgments Act (1964), 13 U.”
Haigh v. Planning Bd. of Town of Medfield (2006)
“§ 55.509(1), Fla. Stat. (2005). Although Haigh did not follow the statutory procedure in the instant case, the Planning Board should not be heard to complain.”
Hinchee v. Golden Oak Bank (1989)
“Under the Act, a judgment creditor may record the foreign judgment without filing an action to enforce it. The judgment debtor may then file an action to challenge jurisdiction of the foreign court or the validity of the foreign judgment.”
Dollar Sav. and Trust Co. v. Soltesiz (1994)
“The Soltesizes, in their still-pending section 55.509 declaratory judgment action, then filed an emergency motion to determine lien priority.”
SCG Travel, Inc. v. Westminster Financial Corp. (1991)
“503, Florida Statutes (1989), whereupon respondents filed actions in the circuit court here under section 55.509, Florida Statutes (1989), contesting the validity of the New Jersey judgments under the United States Constitution.”
— 55.509(2) — 7 cases
Nichols v. Nichols (1993)
“On April 5, 1991, the former wife filed a petition for writ of execution, alleging that the former husband failed to contest the jurisdiction of the court that entered the foreign judgment within thirty (30) days of the date of recording the judgment, pursuant to section 55.509.…”
SCG Travel, Inc. v. Westminster Financial Corp. (1991)
“503, Florida Statutes (1989), whereupon respondents filed actions in the circuit court here under section 55.509, Florida Statutes (1989), contesting the validity of the New Jersey judgments under the United States Constitution.”
Dollar Sav. and Trust Co. v. Soltesiz (1994)
“The Soltesizes, in their still-pending section 55.509 declaratory judgment action, then filed an emergency motion to determine lien priority.”
Expedia, Inc. v. McKenney's, Inc. (1992)
“§ 55.509, Fla. Stat. (1991). This provision is part of the Florida Enforcement of Foreign Judgments Act, which itself constitutes Florida's adaptation of the Uniform Enforcement of Foreign Judgments Act (1964), 13 U.”
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