Personal Jurisdiction Over Judgment Debtor Not Necessary to Domesticate Foreign Judgment

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A judgment creditor sought to domesticate and enforce foreign judgment in Florida.  The judgment debtor challenged enforcement on the grounds that Florida lacked personal jurisdiction over the judgment debtor.  The Second DCA determined that the judgment could be domesticated in Florida regardless of whether Florida had personal jurisdiction over the judgment debtor.  In the context of domesticating a judgment, whether Florida had personal jurisdiction over judgment debtor was irrelevant.  The judgment debtor could challenge domestication if the foreign court lacked personal jurisdiction over the judgment debtor, not if Florida lacked personal jurisdiction.

Stocker v. Stocker, 38 Fla. L. Weekly D1968a (Case No. 2D12-4980 Sept. 18, 2013)

Topics:  Debtors, Foreign Judgments, Judgment Debtors, Personal Jurisdiction

Published In: Civil Procedure Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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