How can I enforce a small claims court judgment out-of-state?
Enforcing a small claims court judgment out of state can be tricky. In Florida, small claims courts have jurisdiction only over matters within the state. This means that a judgment from a Florida small claims court is not valid outside of the state and cannot be enforced there. However, if the defendant lives in a different state and the judgment is unpaid, the court can issue a “foreign judgment,” which allows the plaintiff to take the case to the court of the other state. This is the same as any other court judgment, but it is recognized and enforced by the court system of the other state. To do this, the plaintiff must first get a certified copy of the Florida judgment from the clerk of the small claims court. The plaintiff can then take the certified copy to the court of the state where the defendant resides and file a request for a foreign judgment. The court will then open a case in the other state and the defendant will need to be served with notice of the suit. If the defendant fails to appear, the court will enter a default judgment against them. A default judgment can be enforced in the same way as a regular judgment. It is up to the plaintiff to enforce the judgment using the laws of the other state. The plaintiff may be able to get the court’s help in doing this.
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