New York 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 2021, New York significantly expanded its Recognition of Foreign Country Money Judgments Act (found in CPLR Article 53) (the Act) by granting New York judges wider discretion to refuse to recognize foreign country money judgments.

This Act applies to any foreign judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal. judgment of a sister state which is entitled to full faith and credit.

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.

To be eligible for recognition in New York the grounds for recognition in New York Civil Procedure Law & Rules (CPLR) 5301 through 5309 must be met. This statute adopts the Uniform Foreign Country Money-Judgments Recognition Act as part of the law of New York.

To register this type of judgment in New York, a creditor must submit a certified or exemplified copy of the out-of-state judgment and an affidavit stating that the judgment was not obtained by default or by a confession of judgment, that it is unsatisfied in whole or in part, the unpaid balance, that enforcement has ...

Judgments from another state 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).

Enforcement cannot be accomplished by means of letters rogatory in the United States. 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.

As detailed herein, the 2021 Recognition Act both clarifies the procedural mechanisms and substantive arguments that litigants can invoke in a proceeding to recognize foreign country money judgments (?foreign judgments?), while also significantly expanding the defenses to recognition and enforcement of foreign ...

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New York Petition for Registration of Foreign Judgment