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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23964
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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If a judgement rent is made in Ct., does a lawyer need to be

Customer Question

If a judgement for back rent is made in Ct., does a lawyer need to be retained in Fl. where the tenant moved to?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. It depends on how your attorney wants to handle this and if he/she thinks they have assets still in CT, which can be gone after and taken. I say this because there are two primary reasons why a plaintiff might seek to enforce a judgment in a state other than the state where the judgment was originally ordered.

  • The debtor has moved to another state and there are no verifiable assets to satisfy the judgment in the original state.
  • The debtor may not have moved but assets are discovered in another state that are available to satisfy the judgment.

If there is nothing to go after in CT, a new suit may be brought based on the judgment or, in those states that have adopted the Uniform Enforcement of Foreign Judgments Act (the Act), ( such a FL and CT) a foreign judgment (that is defined as a judgment of any state or federal court) may be registered by filing an exemplified copy of the foreign judgment with the Court and notifying the debtor of the filing.

An exemplified judgment is a copy of the judgment that a certificate has been attached and signed off, attesting to the authenticity and validity of the judgment. A judgment that has been registered is viewed as a judgment issued out of the Court in which the foreign judgment was filed, and all available local enforcement procedures would be available to the creditor.

As such, your attorney may think it is more advantageous for you to file in FL then CT, if they likely have nothing for you to go after in CT.

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