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 Guam Petition for Registration of Foreign Judgment is a legal process that allows individuals or entities to seek recognition and enforcement of a foreign judgment in the territory of Guam. This petition is essential for those seeking to enforce a foreign judgment, usually obtained in a different jurisdiction, in Guam. When filing a Guam Petition for Registration of Foreign Judgment, it is crucial to understand the different types of judgments that can be registered. These may include: 1. Money Judgment: Refers to a judgment in which a specified sum of money is awarded to one party by a court in a foreign country. 2. Divorce Judgment: In cases where a divorce decree or judgment has been granted by a foreign court, individuals can seek registration of such judgment in Guam, ensuring its recognition and enforceability. 3. Child Support Judgment: When a foreign court has issued a child support judgment, it can be registered in Guam to facilitate the collection of unpaid child support. 4. Custody Judgment: A custody judgment obtained overseas can be registered in the territory of Guam to establish the legal rights and obligations of parents concerning child custody matters. 5. Paternity Judgment: If a paternity judgment has been pronounced by a foreign jurisdiction, individuals can petition for its registration in Guam, recognizing the legal relationship between a father and child. When preparing a Guam Petition for Registration of Foreign Judgment, it is crucial to include essential details, such as the full names and addresses of both the judgment creditor and judgment debtor, the court and country where the foreign judgment was obtained, a certified copy of the original judgment, and any additional supporting documentation required by the local court rules. Seeking legal counsel or assistance from a qualified attorney experienced in international law and the Guam legal system is highly recommended when pursuing a Guam Petition for Registration of Foreign Judgment. They can guide individuals through the process, ensure compliance with local requirements, and increase the chances of a successful registration and enforcement of the foreign judgment in Guam.
