This
article/publication excerpted from the CLLA discusses very
general guidelines regarding the enforcement of judgments in
states other the state where the judgment was originally
ordered -- commonly referred to as a "foreign
judgment."
There are two primary reasons
why a creditor might seek to enforce a judgment in a state
other than the state where the judgment was originally
ordered.
- The debtor has moved to
another state and there are no verifiable assets to
satisfy the judgment in the original state.
- The debtor may not have
moved but assets are discovered in another state that are
available to satisfy the judgment.
Be aware that a judgment
in one state is not automatically enforced in another state.
Generally, judgments can be enforced in
a couple of ways. A new suit may be brought based on the
judgment. Or, in those states that have adopted the Uniform
Enforcement of Foreign Judgments Act (the Act), a foreign
judgment (that is defined as a judgment of any state or
federal court) may be registered by filing an exemplified copy
of the foreign judgment with the Court and notifying the
debtor of the filing.
An exemplified judgment is a copy of the
judgment that a certificate has been attached and signed off,
attesting to the authenticity and validity of the
judgment. A judgment that has been registered is viewed
as a judgment issued out of the Court in which the foreign
judgment was filed, and all available local enforcement
procedures would be available to the creditor.
Use caution -- the Act is not uniform in
all states -- and in those states a new law suit must be filed
to enforce the judgment.
States that have adopted the Uniform
Enforcement of Foreign Judgments Act
AL, AK, AZ, AR, CO, CT, DE, FL, GA, HI,
ID, IL, IA, KS, KY, LA, ME, MD, MN, MS, MO, MT, NV, NM, NY,
NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, UT, VA, VI, WA, WV,
WI, WY.
**The information provided in
this publication is intended as a general guide only.
The Commercial Law League of America (CLLA) does not make any
representations as to the accuracy of the publication's
content. Any person who seeks to initiate enforcement
action across state lines (a foreign judgment) should consult
legal counsel for full details on the law of a particular
state.
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