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 Hawaii Petition for Registration of Foreign Judgment is a legal document used to request the recognition and enforcement of a judgment made in another state or country. This process allows individuals or entities to seek the enforcement of a foreign judgment in Hawaii by registering it with the appropriate court. The purpose of the Hawaii Petition for Registration of Foreign Judgment is to confirm and establish the legal validity of a foreign judgment within the state. By registering the foreign judgment, individuals can begin the process of enforcing the judgment in Hawaii, including potential actions such as garnishing wages, seizing assets, or other collection methods. There are two main types of Hawaii Petition for Registration of Foreign Judgment — domestic and foreign judgments. A domestic judgment refers to a judgment issued within the United States, but outside of Hawaii, while a foreign judgment refers to a judgment issued by a court outside the United States. Both types require separate petitions for registration in Hawaii. When filing the Hawaii Petition for Registration of Foreign Judgment, certain information must be included. This typically includes the name and contact information of the judgment creditor and debtor, along with the date and details of the original judgment. The petitioner must also provide evidence of the judgment's authenticity, such as a certified copy of the judgment itself. It is important to note that not all foreign judgments may be eligible for registration in Hawaii. The state's laws and requirements may vary, and certain criteria must be met for recognition, including matters of jurisdiction, due process, and reciprocity. It is recommended to consult with an attorney familiar with Hawaii laws and the specific requirements for registration of foreign judgments. Overall, the Hawaii Petition for Registration of Foreign Judgment serves as a crucial process for individuals seeking to enforce a judgment obtained in another state or country within the state of Hawaii. By following the proper procedures and meeting the necessary requirements, individuals can effectively navigate the legal system and seek recognition and enforcement of their foreign judgment within Hawaii's jurisdiction.
