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 Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
If a judgment is entered against the debtor in one state, but the debtor resides in another state or the debtor's assets are located in another state, then the creditor must transfer the judgment to that state.
To register a foreign judgment, one must file a new California lawsuit. If the California court recognizes the decision from the foreign court, it will issue an essentially identical judgment.
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.
On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion—or the judgment, if no opinion was written—and a notice of the date when the judgment was entered.
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.
—The term "foreign judgment" means a final judgment rendered by a foreign court. (5) State . —The term "State" means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
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.
To do so, you will need to file a petition to recognize the foreign divorce decree in the Superior Court of California in the county where you reside. You will need to provide a certified copy of the foreign divorce decree, along with any translations if necessary.
To do this, fill out an EJ-001 Abstract of Judgment form and take it to the clerk's office. After the clerk stamps it, record it at the County Recorder's Office in the county where the property is located. Place a lien on a business.
