What is the process for collecting a judgment from an out-of-state party in small claims court?

In the state of Florida, the process of collecting a judgment from an out-of-state party in Small Claims Court is relatively straightforward. First, you must submit a Motion for Out-of-State Enforcement to the court. This motion must include a copy of the judgment that was granted by the court, the name and address of the out-of-state party, and your contact information. Second, you must have the Motion for Out-of-State Enforcement served to the out-of-state party. You can do this either by having it served through the mail or through a process server. You must then provide proof of service to the court. Third, you must complete a Writ of Executing and provide it to the court. This writ details the outstanding debt that the out-of-state party must pay and the purpose for which the funds will be used. Fourth, you must send a copy of the Writ of Execution to the out-of-state party. The out-of-state party must then respond within a specified time frame, which is outlined in the writ. Fifth, you are required to submit an Affidavit of Last Known Address to the court. This affidavit must include the address of the out-of-state party and a statement declaring that the out-of-state party cannot be found in the state of Florida. Finally, if the out-of-state party fails to pay the outstanding debt, you may proceed with wage garnishment or asset seizure, which must also be authorized by the court. Overall, taking legal action to collect a judgment from an out-of-state party in Small Claims Court in Florida requires a bit of effort and can be a lengthy process. However, it is possible to collect a judgment if all of the legal steps are properly taken.

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