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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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My question involves a Notice of Recordation in Florida of a

Customer Question

My question involves a Notice of Recordation in Florida of a foreign judgment issued in New Jersey. When the judgment was issued, I had not lived in New Jersey for over 7 years.
Today, I filed a motion to dismiss on grounds that the New Jersey court did not have personal jurisdiction. The Florida Enforcement of Foreign Judgments Act states that "If within 30 days after the judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment, or the validity of a foreign judgment and files a lis pendens directed toward the foreign judgment, the court shall stay enforcement and the judgment lien upon the filing of the action by the judgment debtor."
My concern is did I do enough by filing a motion to dismiss or do I have to basically file a lien against the foreign judgment?
The statue goes on to say "If the judgment debtor shows the circuit or county court any ground upon which enforcement of a judgment of any circuit o
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

You must file both the action contesting jurisdiction and a lis pendens (notice of suit pending) against the foreign judgment, but only to obtain a stay of enforcement of the judgment. Your objection to recognition of the foreign judgment is still valid and the judgment may be denied recognition, if you filed your objection within 30 days of the date that the court clerk serves notice on you of the registration of the foreign judgment. See Section 55.604 Fla. Stat.

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Customer: replied 1 year ago.
The problem is I can find no information on how to file a lis pendens against the foreign judgment. And, I had no intentions of doing so. The judgment was recorded on July 31, which I assume the time will be up on Sunday. That is why I went ahead and filed a motion to dismiss, to make my case for lack of jurisdiction. I was served notice on the 4th of August, so I don't know what date I should go by. But without the resources to hire an attorney and wanting to comply with the law because I know I am in the right, there are no sources that explain how to file a lis pending.
Expert:  socrateaser replied 1 year ago.

A Florida lis pendens form can be found in Fla. R. Civ. P. Section 1.918. All you need to do is modify the form to describe the subject property as the foreign judgment registered, and further explain that the action is being brought to deny recognition of the judgment.

If you need a document drafted that you can record, I can send you an additional services offer (customary legal fees will apply).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!