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 Maryland Petition for Registration of Foreign Judgment is a legal process through which a person or entity seeks the recognition and enforcement of a judgment obtained in another state or country within the state of Maryland. This petition enables the successful party in such a foreign judgment to enforce their rights, collect the awarded damages, or obtain any other relief they may be entitled to, under Maryland law. This registration process is governed by Maryland's Uniform Foreign Money Judgment Recognition Act (UMBRA) and provides a streamlined procedure for individuals or businesses looking to enforce a foreign judgment in Maryland courts. By filing a Petition for Registration of Foreign Judgment, the judgment creditor initiates the process to have the foreign judgment recognized and enforced in the state. This petition typically requires the judgment creditor to provide certain key information, including the name and address of both the judgment creditor and judgment debtor, a certified copy of the foreign judgment, any necessary translations, and other supporting documentation. The petitioner may also be required to pay a filing fee at the time of submission. Once the Petition for Registration of Foreign Judgment is filed, the court will review the documentation provided to ensure compliance with Maryland law. If all requirements are met, the court may issue an order recognizing the foreign judgment as valid within the state of Maryland. This recognition allows the judgment creditor to proceed with the enforcement of the judgment through various legal means, such as wage garnishment, property liens, or asset seizures. It is important to note that Maryland recognizes different types of judgments that can be registered through this petition, including monetary judgments, judgments related to property rights, and judgments related to personal or family issues. The petitioner must specify the type of judgment being registered in the petition to ensure proper enforcement. In summary, the Maryland Petition for Registration of Foreign Judgment is a legal mechanism that allows individuals or businesses holding a foreign judgment to seek its recognition and enforceability in Maryland courts. By following the established procedures and providing the necessary documentation, judgment creditors can effectively pursue their rights and secure the enforcement of their foreign judgment within the state.
