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.
Connecticut Petition for Registration of Foreign Judgment is a legal document that serves as a means to enforce a foreign judgment within the state of Connecticut. This petition allows individuals or entities with a valid foreign judgment to seek its recognition and enforcement in Connecticut. The Connecticut Petition for Registration of Foreign Judgment must be filed in accordance with the Connecticut Uniform Enforcement of Foreign Judgments Act (UE FJA). This act provides a streamlined process for enforcing out-of-state judgments by allowing for their registration rather than initiating a full-blown lawsuit. By registering the foreign judgment, the petitioner can obtain a Connecticut state court's authoritative recognition of the validity of the judgment. There are several types of Connecticut Petitions for Registration of Foreign Judgment depending on the nature of the foreign judgment being sought for enforcement. Some common types include: 1. Connecticut Petition for Registration of Money Judgment: This type of petition applies when a foreign judgment requires the payment of a specified sum of money. The petitioner seeks to enforce the foreign judgment by requesting the Connecticut court to order the debtor to satisfy the monetary obligation. 2. Connecticut Petition for Registration of Child Custody Order: In cases involving child custody or visitation rights, a party may seek to enforce a foreign judgment related to such matters. This petition allows the petitioner to have the Connecticut court recognize and enforce the foreign custody order accordingly. 3. Connecticut Petition for Registration of Divorce Decree: When a party seeks to enforce a foreign divorce decree, this type of petition comes into play. It enables the petitioner to register and enforce the foreign divorce decree in Connecticut, ensuring the division of assets, alimony, child support, and other relevant provisions are carried out. 4. Connecticut Petition for Registration of Property Deed: This petition type deals specifically with foreign judgments related to property rights. It allows the petitioner to have a foreign property deed recognized in Connecticut, ensuring the legal transfer or ruling regarding property ownership. It is important to note that the specific requirements for each type of Connecticut Petition for Registration of Foreign Judgment may vary slightly. Furthermore, it is advisable to consult with an experienced attorney to ensure the proper completion and submission of the petition in accordance with the UE FJA and Connecticut state laws.
