The Constitution of the United States of America is the ultimate authority which allows foreign judgments to be domesticated in Florida. Judgments of any other state in the union may be domesticated in Florida, but its statute of limitations varies depending on how and why a petitioner is seeking enforcement. […]
Some might say it is logical to think that if a complaint is dismissed with leave to amend within a prescribed time period that, should counsel fail to file an amendment, the case would automatically become dismissed with prejudice. This is not the case under Florida law. In fact, in […]
A recent conversation with another civil litigation attorney about a hearing on attorney’s fees prompted me to remember the good old days of law school when I first learned about pleadings. I realized that, had I not had newly sworn in criminal Judge Tyrie Boyer as a professor of Florida […]
In today’s market, there is a much greater risk of investing labor and materials into a construction project as the probability of actually getting paid for your services is markedly reduced. In many cases, a lack of funding leads to abandonment of the project leaving vendors fighting to recover funds owed from whatever money is still left. In this situation, the only legal emedy may be an equitable lien against the real property.
It is standard practice among attorneys practicing in Florida to sign the affidavit in opposition to a claim of exemption from garnishment on behalf of their clients. A case recently decided in South Florida has effectively changed the ability of attorneys to continue with such a practice. Now, a very […]
The trend in Florida over the last thirty years has been changing from simple static interest rates for judgments entered in this state towards a more complex variable rate. A recent amendment to the state law dictating statutory interest rates has many wondering what prompted such a drastic change to the norm. Now, instead of the statutory interest rate changing once per year it will change four times per year. Further, the rate of interest on a judgment is no longer established by the rate at the time it was entered. It appears that the trend in Florida is now shifting away from the simplicity it once knew.
When the economy begins to slow, consumers often begin to fall behind in payments and businesses commonly turn to debt collection agencies, or attorneys, to obtain payment on past due invoices. While this is an unfortunate circumstance, both for creditors and debtors, it can be made much worse through abusive collection practices and FDCPA violations.
By: James D. Stone, III, Esq.
So you have made the decision to go through with a law suit against an individual or entity debtor that owes you money and are ready to effectuate service of process. But what happens when the debtor does not reside in Florida or is concealing its where abouts? Generally, Florida law requires that process be served personally upon a person. Fla. Stat. § 48.031(1)(a) (2008). However in some limited circumstances, Florida law permits service of process by substitute methods of service. These alternate methods of service are especially implicated in situations where attempts to locate a defendant fail. One of these methods is service upon the Secretary of State of Florida. However, this method of service is limited to specific circumstances defined by statute. To read more click the title. . .
By: Harry M. Wilson, IV, Esq. and James D. Stone, III
Sometimes, either intentionally or inadvertently, a debtor will fail to list a creditor or schedule a debt in a bankruptcy proceeding. When this happens the creditor can often be unaware of the proceedings and, as a result, miss the deadline for filing a proof of claim. However, a debt owed to a creditor who had neither notice nor knowledge of the bankruptcy in time to file a proof of claim or to file a complaint for determination of dischargeability of the debt under section 523 of the Bankruptcy Code will not be discharged. . . click the title to read more. . .
To do business in modern America, one almost necessarily has to engage in interstate commerce. In a city like Jacksonville, with its proximity to the Florida-Georgia border, one can easily see how anything from the sale of an automobile, to the award of a subcontract, or the hiring of an employee, could involve potential litigants from different states. If a dispute arises out of such an interstate transaction and litigation is eminent, an important question is what is the appropriate forum to file the complaint?
Assuming the plaintiff is a Florida corporation, the question of whether the complaint can be filed in Florida court hinges on the State’s power to enforce a judgment against the defendant. A state’s power to adjudicate a claim and enforce the judgment is limited by the due process clauses of the United States Constitution and by precedent. The test to determine if a state court has the power to enforce judgment over an out of state defendant corporation asks whether the defendant has certain minimum contacts with the forum state so that the suit does not offend “traditional notions of fair play and substantial justice.” International Shoe Co. v. State of Wash., Office of Unemployment and Compensation, 326 U.S. 310,316 (1945).