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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a large judgemnt against a North Dakota corporation.

Customer Question

I have a large judgemnt against a North Dakota corporation. I have successfully garnished money payable to them from a FL corporation. I need to file a North Dakota Judgement in Brevard County, FL
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

Can you please tell me:

1) What county/state is the original judgment in;
2) Has it been registered/domesticated in ND, or, this is what you are attempting to do and are asking how to do it?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

The Judgement is registered in ND. We are garnising local customers of the Corporation. We have frozen the money owed them by their largest customer, HARRIS Corporation which is a FL corporation. What I need is to execute on the garnishment.

Expert:  Ely replied 1 year ago.
Reed,

Thank you for that clarification.

What I need is to execute on the garnishment.

What exactly are you asking here? I am sorry, can you be more specific? What do you mean "execute on the garnishment?"
Customer: replied 1 year ago.


I need to get the SHERIFF to go to Harris and collect the money.

Expert:  Ely replied 1 year ago.
I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  TexLaw replied 1 year ago.
Hi,

I see your first expert opted out. Sometimes this happens when experts have to step away. Please allow me to continue assisting you.

My understanding is that you have a judgement against a ND corporation which you got in an ND court. You have discovered that there is a FL corporation which owes the ND corporation money and you wish to seize that payment from the FL corporation.

Is that correct?
Customer: replied 1 year ago.

I have already garnished the FL money. I need to file the "foreign" judgement with Brevard Co and then get the Sheriff to execute the garnishment.

Expert:  TexLaw replied 1 year ago.
The writ of garnishment issued by the ND court is only good in ND. You will have to have a FL court issue a new writ of garnishment.

This gets back to your initial question of how to register a foreign judgment in Florida.

To do this, you will have to do is get a certified copy of the Judgment from the North Dakota court which issued it. Then you must take the certified copy of the judgment to the office of the clerk of the circuit court of Brevard County with a cover letter directing that clerk to "file, record and index the attached certified judgment pursuant to Florida Statute section 55.503". You will want to send this request with the filing fee for the same. To obtain the filing fee, you need to contact the clerk and ask what the filing fee will be and then how payment may be sent (you may need a certified check).

Along with this you will also need to file an affidavit which states the name, social security number (if known) and last known post office address of the judgment debtor and of the judgment creditor. Then the clerk will send out a notice, which will be an additional fee.

After this, there is a 30 day waiting period. Once that waiting period has passed, you will need to then you will need to apply for the writ of garnishment to be served on the FL company for the payment owed (the account receivable).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4264
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Are you a Brevard County attorney?

Expert:  TexLaw replied 1 year ago.
Hi,

Unfortunately not.


Thank you for the rating.

-ZDN

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Lead trial/International commercial attorney licensed 11 yrs