North Carolina 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.

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FAQ

In North Carolina, there is no set age as to when the court will take into consideration the wishes of the child.

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.

If there is already a Permanent Custody Order in place, the parties requesting child custody modification needs to prove substantial change and material change in circumstances to the court.

So, how do you register a foreign custody order in North Carolina? Follow these steps: Request a certified copy of the original custody order from the original court. Print and fill out the AOC form titled ?Petition For Registration of Foreign Child Custody Order.? It's AOC form number AOC-CV-660 and can be found here.

A. Mail a complete, court-stamped copy of the Petition for Registration of Foreign Child Custody Order (AOC-CV-660), including a copy of the issuing court's judgment, and a complete, court-stamped copy of the Notice of Registration of Foreign Support Order (AOC-CV-505) to the other parent.

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North Carolina Petition for Registration of Foreign Judgment