Arizona Petition for Registration of Foreign Judgment

State:
Multi-State
Control #:
US-03248BG
Format:
Word; 
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Description

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.

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FAQ

In Arizona, judgments entered in other states are known as ?foreign? judgments. Foreign judgments are subject to Arizona's four (4) year statute of limitations.

Domestication is the process that allows a creditor to attach the judgment as a lien to the debtor's property, and otherwise enforce it.

Domesticating Foreign Judgments in California Domesticating a foreign judgment in California to put it simply, is relocating a court ruling's jurisdiction. A judgment ruled, in the case under California law, can transfer from California's ruling jurisdiction to another.

The act of domesticating, or making a legal instrument recognized and enforceable in a jurisdiction foreign to the one in which the instrument was originally issued or created.

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.

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.

A foreign judgment is any judgment of a court of any other state in the United States in a civil action which was not obtained by default in appearance or by confession of judgment.

In order to start this application process, you will need to file an application for registration of the foreign-country judgment together with an authenticated copy (also called exemplified copy or triple-seal copy) of the foreign judgment with the clerk's office of any superior court in Arizona.

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Arizona Petition for Registration of Foreign Judgment