Florida Statutes

Fla. Stat. § 55.509 (2025)

Stay of enforcement of foreign judgment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 Fin. Corp., 583 So. 2d 723 (Fla. 4th DCA 1991).

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SCG Travel, Inc. v. Westminster Fin. Corp., 583 So. 2d 723 (Fla. 4th DCA 1991). · cites it 15× “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 Fin. Co., Inc., 885 So. 2d 933 (Fla. 4th DCA 2004). · cites it 7× “§ 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., 611 So. 2d 98 (Fla. 1st DCA 1992). · cites it 11× “§ 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, 613 So. 2d 137 (Fla. 4th DCA 1993). · cites it 6× “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 Am., Inc., 584 So. 2d 1057 (Fla. 1st DCA 1991). · cites it 3× “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. & Trust Co. v. Soltesiz, 636 So. 2d 63 (Fla. 2d DCA 1994). · cites it 9× “The Soltesizes, in their still-pending section 55.509 declaratory judgment action, then filed an emergency motion to determine lien priority.”

Haigh v. Plan. Bd. of Town of Medfield, 940 So. 2d 1230 (Fla. 5th DCA 2006). · cites it 2× “§ 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, 540 So. 2d 262 (Fla. 2d DCA 1989). · cites it 2× “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, 706 So. 2d 364 (Fla. 1st DCA 1998). · cites it 9× “" 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, 992 So. 2d 403 (Fla. 2d DCA 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 Jt. Venture, LP, 980 So. 2d 1241 (Fla. 4th DCA 2008). · cites it 2× “(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 Comm'r of Taxation & Fin. v. Hayward, 902 So. 2d 309 (Fla. 4th DCA 2005). · cites it 2× “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.”

Show all 32 citing cases →

— 55.509(1) — 20 cases

Expedia, Inc. v. McKenney's, Inc., 611 So. 2d 98 (Fla. 1st DCA 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. Plan. Bd. of Town of Medfield, 940 So. 2d 1230 (Fla. 5th DCA 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, 540 So. 2d 262 (Fla. 2d DCA 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. & Trust Co. v. Soltesiz, 636 So. 2d 63 (Fla. 2d DCA 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 Fin. Corp., 583 So. 2d 723 (Fla. 4th DCA 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, 613 So. 2d 137 (Fla. 4th DCA 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.…”

Boats Express, Inc. v. Thackeray, 978 So. 2d 206 (Fla. 2d DCA 2008).

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