This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Against Property Foreign Company In Mecklenburg
Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Yes. Foreign judgments are routinely recognized in the United States through statutes enacted in each state. The defenses to recognition are limited in these proceedings. This principle originated with the Supreme Court's 1895 decision in Hilton v.
What this means is that a creditor has to register his out-of-state judgment in the new state in order to enforce the judgment under the laws of the new state.
Although there is no judgement enforcement treaty between most countries and the United States, normally US courts will enforce a validly entered foreign judgement. The US court will require that the US based judgement debtor was aware of the foreign proceedings.
In terms of the debt collection laws in NC, the debtor then has a 30-day period in which it may appeal the judgment. Thereafter, the creditor may submit a Writ of Execution to the clerk of superior court in the county in which the judgment was granted, and once issued, submit the writ to the sheriff.
Enforcement of a Foreign Judgment in the U.S. 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.
That's where the federal government has acted on your behalf by creating the Uniform Enforcement of Foreign Judgments Act (UEFJA), a law adopted by most states which permits the enforcement of a valid judgment from another state by merely filing the judgment order with the clerk's office.
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.
