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.
The Alabama Petition for Registration of Foreign Judgment is a legal document that allows individuals or entities to seek recognition and enforcement of a judgment that was obtained from a court outside of Alabama. This process is necessary when a party wishes to enforce a judgment obtained in a different state or country within the state of Alabama. When filing the Alabama Petition for Registration of Foreign Judgment, it is important to include all relevant information and follow the specific guidelines set forth by the Alabama Code. The petition must be filed in the appropriate circuit court where the judgment is sought to be enforced. The following are key steps involved in the process of filing a Petition for Registration of Foreign Judgment: 1. Identify and gather all necessary documents: This includes obtaining a certified copy of the foreign judgment, any supporting documents, and any evidence necessary to prove the validity and enforceability of the judgment. 2. Complete the necessary forms: The Alabama Petition for Registration of Foreign Judgment form must be completed accurately and in compliance with the Alabama Code. The form typically requires information about the parties involved, details of the foreign judgment, and any relevant statutes or laws under which it was obtained. 3. File the petition with the appropriate court: The completed petition, along with the required documents and filing fee, must be submitted to the circuit court where enforcement is sought. It is important to ensure that the filing is done within the applicable statute of limitations. 4. Serve notice to all interested parties: Once the petition is filed, notice must be given to all parties involved in the case. This typically involves serving a copy of the petition and a summons to the opposing party, notifying them of the intent to register and enforce the foreign judgment. 5. Attend the hearing: After the notice has been properly served, a hearing will be scheduled by the court. At the hearing, both parties will have an opportunity to present their arguments. The court will then decide whether to grant the petition and register the foreign judgment. Different types of Alabama Petition for Registration of Foreign Judgment may include: 1. Petition for Registration of Foreign Money Judgment: This type of petition is used when seeking to enforce a judgment involving monetary damages obtained from a court outside of Alabama. 2. Petition for Registration of Foreign Custody or Child Support Judgment: This petition is used when seeking recognition and enforcement of a judgment related to child custody or child support matters obtained from a court outside of Alabama. 3. Petition for Registration of Foreign Divorce Decree: This type of petition is relevant when a party wishes to enforce a divorce decree obtained in a different state or country within the state of Alabama. It is crucial to consult with a qualified attorney or legal professional while preparing and filing the Alabama Petition for Registration of Foreign Judgment to ensure compliance with all relevant laws and procedures.
