Mississippi Petition for Registration of Foreign Judgment

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Multi-State
Control #:
US-03248BG
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Word; 
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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.

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FAQ

Reciprocity. A foreign judgment can be recognised and enforced by a people's court in China in ance with the principle of reciprocity.

By ensuring the recognition and enforcement of foreign judgments, the Convention enhances access to justice by reducing legal timeframes, costs and risks in cross-border circumstances.

The clerk shall, within twenty (20) days after the adjournment of each term of court, enroll all final judgments rendered at that term in the order in which they were entered on the minutes by entering on The Judgment Roll, under the proper letter or letters of the alphabet, the name of each and every defendant to such ...

Filing copy of foreign judgment; enforcement. A copy of any foreign judgment authenticated in ance with the act of Congress or the statutes of this state or any rule promulgated and adopted by the Mississippi Supreme Court may be filed in the office of the clerk of the circuit court of any county in this state.

35.004. AFFIDAVIT; NOTICE OF FILING. (a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.

The Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJA 1933) applies to judgments from courts in Australia, Canada (except Nunavut and Quebec), Guernsey, India, the Isle of Man, Israel, Jersey and Pakistan.

Enforcement of a Foreign Judgment in the U.S. 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.

We can register another state's judgment in New York under Article 54 of the CPLR (?Uniform Enforcement of Foreign Judgments Act?). The judgment creditor needs to execute a short affidavit, file it with the county clerk (CPLR 5402), and give notice to the debtor (CPLR 5403).

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Mississippi Petition for Registration of Foreign Judgment