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Foreign Judgment Act - Act 86-713 By Act of Congress, the proper manner for authentication as provided in 28 U.S.C. Section 1738, is by attestation of the clerk with the seal of the court annexed, together with a certificate of the court that the attestation is in proper form.
The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. Real property: land and buildings owned by the debtor.
Once the abstract of judgment has been issued, it may then be filed with the county clerk where the real property is located. County clerks will require a fee in order to record this document into the property records. Check the county clerk's website or contact their office for their current fee schedule.
A foreign judgment can be authenticated ?in ance with an act of congress or a statute of this state,? which then ?may be filed in the office of the clerk of any court of competent jurisdiction of this state.? TEX.
An authenticated copy however, contains not only a clerk's attestation, but also a judge's Certification stating that the clerk's Attestation and court's Seal are proper and in due form with the judge's Certification being signed by the judge.
Definition of terms The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
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.
If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.