The Florida Enforcement of Foreign Judgments Act: What time limit applies?

• Author: Franchino, Thomas W.

What is the applicable time limit for enforcing a foreign judgment pursuant to the Florida Enforcement of Foreign Judgments Act, F.S. [subsections] 55.501-55.509? The act does not contain an explicit limitation period, and from a superficial reading of its provisions, one can reach contradictory conclusions.

The Florida Enforcement of Foreign Judgments Act first provides that it shall not be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments.[1] However, the act does not specify, or reference the source of, the applicable limitation period. Several commentators have concluded that this provision of the act implicitly references and incorporates F.S. [sections] 95.11(2)(a) and its five-year limitation of an "action on" a foreign judgment.[2]

In apparent contradiction, Florida's act goes on to provide that a foreign judgment, recorded pursuant to the act's provisions, has the same effect as, is subject to the same defenses as, and may be enforced, released or satisfied as, a judgment of a circuit or county court of the State of Florida.[3] From this provision, one could conclude that a foreign judgment is enforceable for the same 20year period, pursuant to F.S. [sections] 55.081, as is a Florida judgment.

No case specifically addresses or answers the question of the applicable time limit for enforcing a foreign judgment pursuant to the act.[4] To resolve this apparent contradiction, and to determine the applicable limitation period, it is necessary to analyze the Florida Enforcement of Foreign Judgments Act, in the context of Florida's statutory scheme regarding judgments, and the relevant case law. The first step in this analysis is to distinguish proceedings to enforce a judgment, from actions on a judgment.

Proceedings to Enforce a Judgment

A money judgment is merely a piece of paper representing a monetary obligation. A judgment creditor does not realize a monetary gain until and unless the judgment is enforced and the debt collected.

Proceedings to enforce or collect a Florida court judgment are subject to the time limitation of F.S. [sections] 55.081. This statute limits a judgment's life to 20 years by providing that no judgment shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of the judgment.[5] The judgment actually becomes a lien on real property for consecutive periods of seven years to a maximum of 20 years, by the creditor complying with the recording requirements of F.S. [sections] 55.10.[6]

Executions on judgments are issued upon the oral request of the judgment creditor, during the life of the judgment.[7] A judgment creditor can impose a judgment lien upon personal property located in a county by delivering an execution to the sheriff of that county.[8] That execution is valid and effective, and is retained by the sheriff during the 20-year life of the judgment.[9]

Florida law grants a judgment creditor seeking to enforce a judgment lien several tools. Discovery in aid of execution is authorized from any person, not merely the judgment debtor.[10] Proceedings supplementary to execution are available when the plaintiff in execution files an affidavit informing the court that a sheriff holds an unsatisfied execution that is valid and outstanding.[11]

As a means of foreclosing a judgment lien, the judgment creditor is entitled to levy, and execution sale by the sheriff, of property of the judgment debtor.[12] In addition, special remedies such as garnishment and the appointment of a receiver are also available to a creditor seeking to enforce his Florida judgment.[13]

Prior to the effective date of the Florida Enforcement of Foreign Judgments Act, October 1, 1984, these direct proceedings were not available to enforce a foreign judgment.[14] Florida courts construed F.S. [sections] 55.10 to refer only to judgments rendered by Florida courts.[15] Consequently, the filing or recording of a foreign judgment did not create a lien upon real property in a county in which the judgment was recorded.[16] A foreign judgment creditor could neither execute upon property nor maintain a creditor's bill in Florida.[17]

Prior to enactment of Florida's act, a foreign judgment was not directly enforceable in Florida. In order to enforce a foreign judgment, the judgment creditor was required to file and litigate in a Florida court a new and independent action.[18] The judgment creditor, if successful in this litigation, would obtain a Florida judgment which could then be enforced in Florida.

Action on a Judgment

A judgment is regarded as a cause of action, a chose in action, on which a new and independent action may be based.[19] As an alternative to proceedings to enforce a judgment, a new and independent action can be commenced on either a Florida or a foreign judgment.[20] The applicable limitation for an independent action on a Florida judgment is 20 years pursuant to F.S. [sections] 95.11(1).[21] This limitation is coextensive with the 20-year limitation on proceedings to enforce a judgment as established by F.S. [sections] 55.081.

By initiating a new and independent action upon a Florida judgment within the time limit of F.S...