Petition for Registration of Foreign Judgment

State:
Multi-State
Control #:
US-03248BG
Format:
Word; 
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Description

The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation. There are notable exceptions, which is why legal action should be always commence in the state where the defendant is domiciled. A foreign judgment must be filed with the Clerk of the Court in the county in which the attempt is being made to enforce the judgment. This should include any enforcement proceedings such as the Writ of Execution upon assets, etc.


There are various reasons for the court to deny recognizing the foreign judgment. One reason for denial is an appeal, which is pending in the original court. A "stay" may be granted if a debtor can allege grounds exist in the courts jurisdiction where the foreign judgment is being filed, thus creating a "stay" preventing the foreign judgment from being recorded. Such grounds include, lack of sufficient notice in obtaining the original judgment, the judgment was obtained by fraud, the cause of action conflicts with state policies in the state where the foreign judgment is to be filed, the judgment conflicts with another final judgment, or lack of jurisdiction over the debtor in the original judgment.


A "stay" by the debtor must be filed within 30 days of receipt of the notice of the filing of the foreign judgment or sixty days if the debtor is not a resident of the state. Ten days after a foreign judgment is filed and notice has been given to the judgment debtor, the creditor may begin enforcement of the judgment by means allowed by law within the state in which the foreign judgment has been registered.


The debtor may request a "stay" or be granted denial of having the foreign judgment recorded. The debtor must be shown to have "sufficient contact" with the state to establish the jurisdiction of the court to enforce the judgment. Most states vary considerably on what determines "sufficient notice" when obtaining the original judgment. If there were a flaw or it was inconsistent with the court where the foreign judgment is to be recorded, then the courts will not allow the foreign judgment to be enforced.

Definition and meaning

The Petition for Registration of Foreign Judgment is a legal document that enables a person or entity to request the recognition and enforcement of a judgment issued by a court in another jurisdiction. This form is necessary when a judgment creditor seeks to collect debts or enforce a decision made outside the state where they now reside. By registering the judgment in their local jurisdiction, the creditor can utilize local courts to enforce the judgment.

How to complete a form

To accurately complete the Petition for Registration of Foreign Judgment, follow these steps:

  1. Provide the name and address of the petitioner, including contact information.
  2. Include the name of the respondent against whom the judgment was entered.
  3. State the jurisdiction where the original judgment was issued and provide the details of the judgment, such as the date and amount.
  4. Attach an authenticated copy of the original judgment to the petition as Exhibit A.
  5. File the completed petition with the appropriate court in your jurisdiction.

Ensure that all information is accurate and complete to avoid delays in processing your request.

Who should use this form

The Petition for Registration of Foreign Judgment should be used by any individual or business that has obtained a judgment from a court in another jurisdiction and wishes to enforce that judgment in their current location. This includes but is not limited to:

  • Creditors seeking to collect debts.
  • Individuals who have won civil cases but have moved to another state.
  • Businesses aiming to enforce contractual agreements.

If you find yourself in a situation where a judgment is necessary to enforce, this form is crucial for your legal recourse.

Legal use and context

This form is utilized within the legal framework that allows for the enforcement of judgments across state lines. Each state has its own rules and regulations regarding the registration of foreign judgments, and this form serves as a mechanism to initiate that process. It is essential for maintaining legal rights and ensuring that court decisions are honored, regardless of geographic boundaries. By registering a foreign judgment, a judgment creditor asserts their claim and takes appropriate legal steps to collect the amount owed.

Common mistakes to avoid when using this form

When completing the Petition for Registration of Foreign Judgment, consider the following common mistakes to avoid:

  • Failing to attach the authenticated copy of the original judgment.
  • Incorrectly providing names or amounts, which can lead to delays.
  • Not including necessary signatures or failing to have the document notarized, if required.
  • Submitting the petition to the wrong court or jurisdiction.

Avoiding these mistakes will streamline the process and improve the chances of successful registration.

What documents you may need alongside this one

In addition to the Petition for Registration of Foreign Judgment, you may need to gather several supporting documents, including:

  • An authenticated copy of the original judgment.
  • Any supporting court orders related to the judgment.
  • Proof of service that shows the respondent was properly notified of the original judgment.

Collecting these documents beforehand can help ensure a smooth registration process.

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FAQ

The process requires registering a certified copy of the foreign judgment with the clerk of the court in the jurisdiction where you want to enforce the judgment. You will also need to file an affidavit attesting to certain facts, as specified in the court's procedural rules.

The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation.Entitle this notice document as NOTICE OF FILING FOREIGN JUDGMENT and include the affidavit and exemplified copy of the judgment.

A foreign judgment is defined under section 2 (6) of the CPC as a judgment of a foreign court. A foreign court, under section 2(5) of CPC, means a court situated outside India and not established or continued by the authority of the Central Government.

Generally, U.S. judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country.It can generally be said that non-default judgments not involving tort claims or punitive damages are more likely to be enforced.

To register a foreign judgment in Illinois, you should contact an attorney to prepare the registration cover sheet, attach the authenticated copy of the judgment from the sister state or foreign country, and attach an affidavit setting forth the name and last known post office address of the judgment debtor and the

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Petition for Registration of Foreign Judgment