North Carolina Foreign Judgment

State:
North Carolina
Control #:
NC-0909-AA
Format:
Word; 
Rich Text
Instant download

Description

The North Carolina foreign judgment form is designed for use in the enforcement of judgments issued by outside jurisdictions within North Carolina. This form is essential for legal professionals such as attorneys, partners, and paralegals, enabling them to acknowledge full satisfaction of a judgment against a defendant. Key features include sections for the identification of parties involved, the judgment details, and a notarization section to validate the acknowledgment. Users must ensure to complete the case number, amounts of judgment, and other relevant data in the form's designated fields. The form must be signed by the plaintiff or their attorney, and subsequently notarized, which adds a layer of authenticity. Filling out this form accurately is critical to ensure compliance with state laws regarding judgment satisfaction. This document not only facilitates the legal closure of a case but also serves as an official record of the payment and cancellation of the debt, reinforcing its utility in both litigation and collection matters.
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FAQ

Establishing Jurisdiction In Beals the Supreme Court confirmed that a foreign judgment against a Canadian defendant is enforceable as long as there is a ?real and substantial connection? between the cause of action and the foreign Court that granted the judgment.

Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.

In order to enforce an out-of-state judgment, North Carolina requires that a judgment creditor must file: (1) an authenticated copy of the foreign judgment and (2) an affidavit stating that the judgment is final and is unsatisfied in whole or in part, and setting forth the amount remaining unpaid on the judgment.

The Uniform Enforcement of Foreign Judgments Act requires the plaintiff to file a notice of the foreign judgment in the county in which the defendant either resides or owns real or personal property.

In order to enforce an out-of-state judgment, North Carolina requires that a judgment creditor must file: (1) an authenticated copy of the foreign judgment and (2) an affidavit stating that the judgment is final and is unsatisfied in whole or in part, and setting forth the amount remaining unpaid on the judgment.

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North Carolina Foreign Judgment