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 Michigan Petition for Registration of Foreign Judgment is a legal document that enables individuals or entities to seek the recognition and enforcement of a judgment issued by a court in another state or country within the state of Michigan. This process allows the judgment creditor to have their foreign judgment recognized as a valid and enforceable judgment in Michigan. Keywords: Michigan, Petition for Registration, Foreign Judgment, recognition, enforcement, court, state, country, judgment creditor, valid, enforceable. There are three different types of Michigan Petition for Registration of Foreign Judgment: 1. Michigan Petition for Registration of Foreign Money Judgment: This type of petition is used when a foreign judgment involves the payment of money. It allows the judgment creditor to request the registration of the foreign money judgment in Michigan to enforce the payment owed to them. 2. Michigan Petition for Registration of Foreign Judgments Related to Real Property: This type of petition is applicable when a foreign judgment pertains to matters concerning real property, such as ownership, title, or possession rights. It enables the judgment creditor to have the foreign judgment registered in Michigan, giving them the authority to enforce any decisions related to real property within the state. 3. Michigan Petition for Registration of Foreign Judgments Related to Personal Property: This category covers foreign judgments that concern personal property, such as bank accounts, vehicles, or other assets. Through this petition, the judgment creditor can have the foreign judgment recognized and enforceable in Michigan, allowing them to take necessary actions to claim their rights over the personal property. Overall, the Michigan Petition for Registration of Foreign Judgment serves as a legal mechanism for judgment creditors to pursue the recognition and enforcement of foreign judgments, ensuring their rights and claims are upheld within the state of Michigan.
