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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4816
Experience:  Experienced in both state and federal court.
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What is the statute of limitation for money collection in the

This answer was rated:

What is the statute of limitation for money collection in the state of Oklahoma and Florida for a foreing judgement from another state?

In other words how many years a creditor has to validate a collection judgement from another state, in Florida and Oklahoma before the judgement expires?

Chris T., JD :

Good evening. I'll be assisting you with your question.

Chris T., JD :

Could you explain your situation a little further?

Chris T., JD :

Under Oklahoma law, a judgment creditor has five years from the date that the judgment creditor files the judgment with the appropriate court clerk to collect his judgment. During this time, he can pursue any legal means of getting the debtor to pay the judgment. If the statute of limitations expires, the judgment creditor cannot legally force the debtor to pay the balance remaining on the judgment debt.

Chris T., JD :

In Florida, the time limit is much longer, 20 years.

Customer:

I am from Puerto Rico and I own money there but I live now in OK and may moving to Florida in the near future, I know there are some statute of limitation for money collection in both states,

Chris T., JD :

OK. The statute in OK is 5 years, and it is 20 years in Florida.

Customer:

I believes that is for state judgements

Customer:

I mean for foreing jugements

Customer:

I am under the impression that Ok for foreing judgements is 3 years and 5 in florida

Chris T., JD :

It would be the same since a foreign judgment in a state is given "full faith and credit" under the US Constitution in another state. Essentially, that means that if the judgement is validated in that state, they get full faith and credit under that state's laws. See here.

Chris T., JD :

Now, if the judgement is not validated and essentially made into a state judgment, you are correct, it is 3 and 5.

Customer:

Not sure what you mean by not validated and becoming a state judgement

Chris T., JD :

If a person has a judgment from state A, they can present it to state B and have it "domesticated," thus making it subject to state laws, just the same as any other state judgment.

Customer:

So

Customer:

how many years do they have to validate the judgement

Customer:

once it is notified by the court

Chris T., JD :

They can do it any time during the period it is still active in the "forum state." So, if State A has a statute of limitations of 5 years, and State B is 20, and they are trying to get a judgment from state A domesticated in State B, they have 5 years - the statute of limitations in State A.

Customer:

this is confusing not sure when the 3 and 5 year apply????

Chris T., JD :

It is confusing. You have to assume the judgement will be "domesticated" and will be under the statute of limitations of the state you are in.

Customer:

then should be 3 or 5 in OK

Chris T., JD :

5.

Customer:

ok thanks

Chris T., JD :

Glad to help.

Chris T., JD :

If I can't do anything else for you, please remember to "rate" my answer before you go. I'm not sure how helpful you will find it since it is written for lawyers, but the link I provided should help you understand.

Customer:

what it needs to happen for the judgement to be only 3 or 5 in florida

Chris T., JD :

They need to not try to domesticate it in Florida. If they do, it will be 20.

Customer:

ok

Customer:

thx

Chris T., JD :

I'm glad I could help. If I can't do anything else for you, please remember to "rate" my answer.

Chris T., JD :

Is there something else I can do for you?

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