The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 55
JUDGMENTS

View Entire Chapter

F.S. 55.604

55.604 Recognition and enforcement.—Except as provided in s. 55.605, an out-of-country foreign judgment meeting the requirements of s. 55.603 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. Procedures for recognition and enforceability of an out-of-country foreign judgment shall be as follows:

(1) The out-of-country foreign judgment shall be filed with the clerk of the court and recorded in the public records in the county or counties where enforcement is sought.

(a) At the time of the recording of an out-of-country 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.

(b) Promptly upon the recording of the out-of-country foreign judgment and the affidavit, the clerk shall mail notice of the recording of the out-of-country 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 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.

(2) The judgment debtor shall have 30 days after service of the notice to file a notice of objection with the clerk of the court specifying the grounds for nonrecognition or nonenforceability under this act.

(3) Upon the application of any party, and after proper notice, the circuit court shall have jurisdiction to conduct a hearing, determine the issues, and enter an appropriate order granting or denying recognition in accordance with the terms of this act.

(4) If the judgment debtor fails to file a notice of objection within the required time, the clerk of the court shall record a certificate stating that no objection has been filed.

(5) Upon entry of an order recognizing the out-of-country foreign judgment, or upon recording of the clerk’s certificate set forth above, the out-of-country foreign judgment shall be enforced in the same manner as the judgment of a court of this state.

(6) Once an order recognizing the out-of-country foreign judgment has been entered by a court of this state, the order and a copy of the judgment may be recorded in any other county of this state without further notice or proceedings, and shall be enforceable in the same manner as the judgment of a court of this state.

(7) A lien on real estate in any county shall be created only when there has been recorded in the official records of the county (a) a certified copy of the judgment, and (b) a copy of the clerk’s certificate or the order recognizing the out-of-country foreign judgment. The priority of such lien will be established as of the time the latter of the two recordings has occurred.

(8) A judgment lien on personal property is acquired only when a judgment lien certificate is filed in accordance with s. 55.203 with the Department of State.

History.—s. 4, ch. 94-239; s. 77, ch. 99-251; s. 17, ch. 2000-258; s. 10, ch. 2001-154; s. 7, ch. 2005-241.

F.S. 55.604 on Google Scholar

F.S. 55.604 on Casetext

Amendments to 55.604

Arrestable Offenses / Crimes under Fla. Stat. 55.604

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 55.604.

Annotations, Discussions, Cases:

Cases from cite.case.law:

VUILLERMIN, v. MITSUBISHI ELECTRIC EUROPE BV,, 233 So. 3d 1178 (Fla. Dist. Ct. App. 2017)

. . . This appeal followed; Analysis The French judgment meets the criteria for recognition under section 55.604 . . .

HAROLD, v. L. SANDERS, M. D. L. M. D. P. A. L. M. D. M. D. P. A. M. D. P. A., 159 So. 3d 338 (Fla. Dist. Ct. App. 2015)

. . . to extend the time period for objecting to the recording of a foreign judgment set forth in section 55.604 . . . , Florida Statutes (1995), because section 55.604 does not contain language specifying that rule 1.090 . . .

In F. ALAMA, v. F., 500 B.R. 887 (Bankr. E.D. Tenn. 2013)

. . . . § 55.604 (2013). . . . Stat. § 55.604(7). . . .

CAMPBELL, v. RAPETTI,, 91 So. 3d 276 (Fla. Dist. Ct. App. 2012)

. . . . § 55.604(5), Fla. Stat. (2012). WARNER, DAMOORGIAN and CONNER, JJ., concur. . . .

OSORIO, De De v. DOW CHEMICAL COMPANY, a, 635 F.3d 1277 (11th Cir. 2011)

. . . . § 55.604. . . .

EOS TRANSPORT INC. v. AGRI- SOURCE FUELS LLC,, 37 So. 3d 349 (Fla. Dist. Ct. App. 2010)

. . . See § 55.604-.605, Fla. Stat.; Osorio, 665 F.Supp.2d at 1323. . . .

OSORIO, v. DOLE FOOD COMPANY,, 665 F. Supp. 2d 1307 (S.D. Fla. 2009)

. . . Stat § 55.604, the judgment will be enforced unless the judgment debtor objects within 30 days. . . .

Q. TETTAMANTI v. OPCION SOCIEDAD ANONIMA,, 201 So. 3d 3 (Fla. Dist. Ct. App. 2009)

. . . .” § 55.604(5), Fla. Stat. (2008).. . . .

KRAMER, v. VON MITSCHKE- COLLANDE, 5 So. 3d 689 (Fla. Dist. Ct. App. 2008)

. . . . § 55.604(2), Fla. Stat. (2004); Banque Libanaise Pour Le Commerce v. . . .

ISRAEL, v. FLICK MORTGAGE INVESTORS, INC., 23 So. 3d 1196 (Fla. Dist. Ct. App. 2008)

. . . Sections 55.603 and 55.604 of the Act expressly provide that an out-of-country foreign money-judgment . . . Stat. (2008); § 55.604, Fla. Stat. (2008) (emphasis added); see also § 55.604(2), Fla. . . .

GARNAC GRAIN CO. INC. a v. MEJIA De, 962 So. 2d 408 (Fla. Dist. Ct. App. 2007)

. . . Section 55.604, Florida Statutes (2006), outlines specific procedures for the “recognition and enforcement . . . ” of foreign judgments in Florida’s courts. § 55.604, Fla. . . .

STROD, v. LEWENSTARK,, 958 So. 2d 1138 (Fla. Dist. Ct. App. 2007)

. . . of final judgment violated his due process rights because Lewenstark failed to comply with section 55.604 . . . Thereafter, on July 19, 2006, Lewenstark recorded an “affidavit pursuant to § 55.604(1), Fla. . . . Section 55.604(l)(a), Florida Statutes (2006), provides: Except as provided in s. 55.605, an out-of-country . . . Section 55.604(2), Florida Statutes (2006), states that the judgment debtor has 30 days after service . . . See § 55.604(l)(b), Fla. Stat. (2006). . . .

NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 292 F. Supp. 2d 1357 (S.D. Fla. 2003)

. . . .” § 55.604, Fla. Stat. (emphasis added). . . .

NADD, v. LE CREDIT LYONNAIS, S. A., 804 So. 2d 1226 (Fla. 2001)

. . . See § 55.604, Fla. Stat. The judgment is then recorded in that county. See id. . . . See § 55.604(2), Fla. Stat. . . . enforcement actions should apply once the judgment is recorded and recognized in Florida pursuant to section 55.604 . . . and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal. 55.604 . . . See § 55.604(5), (6) and (7), Fla. Stat. (1995). . . .

LE CREDIT LYONNAIS, S. A. v. NADD, a k a R., 741 So. 2d 1165 (Fla. Dist. Ct. App. 1999)

. . . to file and record the two judgments with the clerk of a Florida circuit court, pursuant to section 55.604 . . . Bacquie, 694 So.2d 805 (Fla. 4th DCA 1997). . § 55.604(6), Fla.Stat. . Chabert v. . . .

VOLKSBANK REGENSBURG eG, v. L. BURGER,, 703 So. 2d 538 (Fla. Dist. Ct. App. 1997)

. . . of Regensburg, Germany on January 12, 1995, in accordance with the procedures described in section 55.604 . . . Statutes (1995), in order to have the foreign judgment recognized and enforced pursuant to section 55.604 . . . of the recording, by registered mail with return receipt requested, to the judgment debtor, section 55.604 . . . Florida Statute section 55.604(l)(b) (emphasis added) provides that “[p]romptly upon the recording of . . . There is no rule of procedure specified in section 55.604 which prevents the addition of five days for . . .

FRYMER v. BRETTSCHNEIDER,, 696 So. 2d 1266 (Fla. Dist. Ct. App. 1997)

. . . Section 55.604 does, however, set forth a procedure for enforcement of an out-of-country judgment similar . . . Thereafter, the clerk is to mail notice of the judgment’s recording to the debtor. § 55.604(l)(b), Fla.Stat . . . the notice, the judgment debtor then has thirty days within which to file a notice of objection. § 55.604 . . . a certificate so stating, which entitles the judgment creditor to enforcement without a hearing. § 55.604 . . .

CHABERT, v. BACQUI, 694 So. 2d 805 (Fla. Dist. Ct. App. 1997)

. . . See § 55.604(5), (6), and (7), Fla.Stat. (1995). . . .