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 North Carolina Petition for Registration of Foreign Judgment is a legal process in which an out-of-state judgment is recognized and enforced by the North Carolina courts. This petition allows individuals or entities with a valid judgment from another state to have it acknowledged and enforced in North Carolina. Keywords: North Carolina Petition for Registration of Foreign Judgment, out-of-state judgment, recognized, enforced, North Carolina courts, acknowledged. There are two main types of North Carolina Petition for Registration of Foreign Judgment: 1. Civil Judgments: This type refers to any judgment arising from civil cases, such as personal injury, breach of contract, or property disputes, obtained from another state's court. By filing a petition for registration, the individual or entity seeks to enforce the judgment in North Carolina, and once approved, it will have the same effect as a North Carolina court judgment. 2. Family Law Judgments: This type specifically applies to judgments related to family law matters, such as divorce, child custody, spousal support, or child support orders obtained from another state. In such cases, the petitioner seeks to register the foreign judgment in North Carolina to ensure its enforceability and compliance with North Carolina's laws and regulations. Regardless of the type, the North Carolina Petition for Registration of Foreign Judgment is a crucial legal process that ensures the validity and enforceability of out-of-state judgments within the boundaries of North Carolina. By registering the foreign judgment, individuals or entities can pursue legal remedies and collect the amount owed or enforce court-ordered obligations in North Carolina. In conclusion, the North Carolina Petition for Registration of Foreign Judgment is a legal mechanism that allows individuals or entities with out-of-state judgments to have them recognized and enforced in North Carolina. Whether it involves civil or family law matters, this petition ensures the validity and enforceability of the foreign judgment within the state.
