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.
Title: Delaware Petition for Registration of Foreign Judgment: Comprehensive Overview and Types Introduction: The process of legal actions involving foreign judgments can be complex, requiring proper legal documentation and procedures for recognition and enforcement. In the state of Delaware, the Petition for Registration of Foreign Judgment plays a crucial role in facilitating the recognition and enforcement of foreign judgments within its jurisdiction. This article aims to provide a detailed description of the Delaware Petition for Registration of Foreign Judgment and its various types. 1. Definition and Purpose: The Delaware Petition for Registration of Foreign Judgment refers to the legal process through which a party seeks the recognition and enforcement of a foreign judgment in a Delaware court. By registering a foreign judgment, the petitioner can enjoy the benefits of having the judgment acknowledged and enforced in Delaware. 2. Key Considerations: When preparing to file a Petition for Registration of Foreign Judgment in Delaware, some essential factors need to be taken into account, including: a. Authenticity: The petitioner must ensure that the foreign judgment is authentic, final, and rendered by a competent court. b. Reciprocity: Delaware requires a substantial likelihood of reciprocal treatment of Delaware judgments abroad before granting registration. c. Statute of Limitations: The petition should be filed within the prescribed statute of limitations, generally within a set number of years from the date the foreign judgment was originally rendered. 3. Types of Delaware Petition for Registration of Foreign Judgment: a. General Civil Actions: This type of petition encompasses foreign judgments relating to matters such as contractual disputes, tort claims, property rights, and other civil cases. b. Family Law: Delaware also allows for the registration of foreign judgments pertaining to family law matters, including divorce decrees, child custody orders, and spousal support obligations. c. Money Judgments: This category covers foreign judgments that involve the payment of money, including unpaid debts, damages, or contractual obligations. d. Commercial Arbitration Awards: Delaware recognizes foreign judgments arising from commercial arbitration proceedings, adding a layer of international business support. 4. Procedure for Filing a Petition for Registration: The process for filing the Delaware Petition for Registration of Foreign Judgment typically involves the following steps: a. Gathering the Required Documents: The petitioner must collect essential documents, including the authenticated copy of the foreign judgment, an affidavit providing details about the judgment, and any relevant supporting evidence. b. Filing the Petition: The petitioner files the necessary documents with the appropriate Delaware court, typically the court where they wish to seek enforcement. c. Notice to the Opposing Party: The petitioner must provide notice to the opposing party regarding the registration of the foreign judgment to afford them the opportunity to respond or challenge the judgment within a specified timeframe. d. Court Hearing: If there are no objections or after disposing of any challenges, the court will hold a hearing to determine the registration and enforcement of the foreign judgment. Conclusion: Understanding the Delaware Petition for Registration of Foreign Judgment is crucial when seeking the recognition and enforcement of foreign judgments in Delaware. By adhering to the necessary procedures and requirements, parties can navigate the legal landscape efficiently, ensuring the rightful acknowledgement and enforcement of foreign judgments.
