Enforcing a Foreign Judgment
A certified copy of the foreign judgment along with a non-certified copy.
The Judgment creditor shall file an affidavit setting forth the name, social security number, if known, and last known post-office address of the judgment debtor and of the judgment creditor (and attorney's name, address, phone number and bar number). Submit an original and a copy of this affidavit.
The enforcement of the foreign judgment is jurisdictional. The amount of the judgment determines which court this matter will be filed in. A judgment for less than $15,000.00 is filed in County Court whereas a judgment in excess of $15,000.00 is filed in Circuit Court. The appropriate fees as listed below must be made payable to the Clerk of the Court.
Filing fees are based upon the jurisdictional amount of the judgment.
Recording fees are based upon the number of pages in each document. For recording purposes the judgment and the affidavit are separate documents.
This fee is to cover the cost of the registered mailing of the notice of recording of foreign judgment to each debtor as set forth in the affidavit of judgment creditor.
Upon receipt of the appropriate documents and fees, the Clerk of the Court will record the documents and send out the notice of recording. The attorney submitting the judgment will receive a courtesy copy of the notice indicating judgment may be contested before becoming a lien.
Upon submission of proper forms, the clerk may then issue a Writ of Execution or a Writ of Garnishment.
Filing a Writ of Garnishment
Do not compute the amount of interest into the total amount due on your Motion and Writ of Garnishment. You may indicate that interest is owed, what percent and from what date, but, do not add this amount to your judgment.
Your Writ of Garnishment must include the garnishee's address. Three (3) copies of the writ are required, but, only the original signed motion is required.
For further information regarding Writs of Garnishment, please contact the Court Registry Unit at:
Miami-Dade County Courthouse
73 West Flagler Street, Room 138
Miami, Florida 33130
These instructions apply only to state court. For additional information you may refer to the Florida Statutes, Chapter 55, specifically 55.501 through 55.509, the "Florida Enforcement of Foreign Judgments Act."