Kentucky Petition for Registration of Foreign Judgment

State:
Multi-State
Control #:
US-03248BG
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Preview Petition for Registration of Foreign Judgment
  • Preview Petition for Registration of Foreign Judgment

Related forms

form-preview
South Carolina Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

South Carolina Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form
form-preview
South Dakota Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

South Dakota Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form
form-preview
Tennessee Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

Tennessee Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form
form-preview
Texas Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

Texas Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form
form-preview
Utah Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

Utah Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form
form-preview
Vermont Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

Vermont Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form
form-preview
Virginia Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

Virginia Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form
form-preview
Washington Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

Washington Declaration of Gift of Cash over Period of Years with Splitting of Gift with Spouse

View this form

How to fill out Petition For Registration Of Foreign Judgment?

Are you inside a situation in which you will need paperwork for both enterprise or specific reasons just about every working day? There are a variety of authorized document themes available online, but finding types you can depend on is not simple. US Legal Forms offers thousands of type themes, much like the Kentucky Petition for Registration of Foreign Judgment, which can be written to satisfy federal and state needs.

In case you are already acquainted with US Legal Forms web site and get your account, simply log in. Following that, you are able to obtain the Kentucky Petition for Registration of Foreign Judgment format.

Unless you offer an account and would like to begin using US Legal Forms, follow these steps:

  1. Discover the type you require and ensure it is for the appropriate city/region.
  2. Make use of the Preview switch to check the form.
  3. Read the description to ensure that you have chosen the proper type.
  4. In the event the type is not what you`re looking for, use the Lookup industry to get the type that fits your needs and needs.
  5. If you obtain the appropriate type, just click Acquire now.
  6. Choose the costs plan you need, submit the specified details to make your account, and pay money for the order utilizing your PayPal or bank card.
  7. Choose a practical data file format and obtain your copy.

Get all of the document themes you may have bought in the My Forms menu. You may get a further copy of Kentucky Petition for Registration of Foreign Judgment any time, if required. Just go through the required type to obtain or print the document format.

Use US Legal Forms, the most extensive variety of authorized varieties, to conserve efforts and steer clear of faults. The assistance offers expertly made authorized document themes that can be used for a variety of reasons. Produce your account on US Legal Forms and commence creating your life a little easier.

Form popularity

FAQ

The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.

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 copy of any foreign judgment authenticated in ance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of any court of this state.

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. (See Section 52-604 of the Connecticut General Statutes; Section 52-605 of the Connecticut General Statutes.)

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. This process is domestication of a foreign judgment.

Trusted and secure by over 3 million people of the world’s leading companies

Kentucky Petition for Registration of Foreign Judgment