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Enforcing Out of State Judgments Lawyers
Are Judgments From Other States Enforceable?
Before any judgment can be enforced, it must be recognized by a court as valid. The Constitution requires all states to give "full faith and credit" to other states rulings and laws, and thus recognize their judgments. This means that a legitimate judgment from another state is enforceable as long as the proper procedures are followed. However, the person against whom the judgment is made may be able to challenge it on due process or jurisdictional grounds if the court did not have the authority to grant such a judgment.
How Can I Enforce an Out-of-State Judgment?
The method of enforcing out-of-state judgments depends somewhat on what state you are in and what state the judgment is from. The Uniform Enforcement of Foreign Judgments Act has been adopted by 46 states, the District of Columbia, Puerto Rico, and the Virgin Islands and allows for enforcement of judgments once they have been filed with the local District Court or Superior Court, in accordance with normal collection procedures.
The states that have not adopted the Act are California, Indiana, Massachusetts and Vermont. To enforce a judgment in or from one of these states, the holder must first file a domestication action to make the foreign judgment locally enforceable. However, because of the Full Faith and Credit Clause this is usually just a formality.
Do I Need a Lawyer?
It can sometimes be difficult to collect on court judgments and especially judgments from other states. An experienced attorney can help you comply with the procedural rules regarding foreign judgments and advise you of your rights in the collecting on the judgment.
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