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 Pennsylvania Petition for Registration of Foreign Judgment is a legal document used to request recognition and enforcement of a judgment obtained in another state or country. When an individual or entity seeks to enforce a judgment they obtained outside of Pennsylvania, they can file this petition in a Pennsylvania court. This process is necessary to ensure that the judgment becomes enforceable within the state. Keywords: Pennsylvania, Petition for Registration, Foreign Judgment, recognition, enforcement, judgment, state, country, legal document, filed, court, enforceable. Types of Pennsylvania Petition for Registration of Foreign Judgment: 1. Pennsylvania Petition for Registration of Foreign Money Judgment: This type of petition is used when seeking recognition and enforcement of a judgment awarded in a different state or country, specifically related to the payment of a sum of money. It ensures that the debtor is legally obligated to satisfy the judgment within the state of Pennsylvania. 2. Pennsylvania Petition for Registration of Foreign Domestic Relations Judgment: When a judgment related to divorce, child custody, alimony, or other domestic relation matters is obtained outside of Pennsylvania, this petition is filed to request legal recognition and enforcement of the judgment within the state. It ensures that the rights and responsibilities outlined in the foreign judgment are upheld. 3. Pennsylvania Petition for Registration of Foreign Civil Judgment: In situations where a civil judgment, such as breach of contract or property dispute, is obtained outside of Pennsylvania, this petition is utilized to seek recognition and enforcement of the judgment within the state. It validates the rights and obligations established by the foreign judgment and allows for its enforcement within Pennsylvania's jurisdiction. 4. Pennsylvania Petition for Registration of Foreign Criminal Judgment: This type of petition is applicable when a criminal judgment obtained in another state or country needs to be recognized and enforced within Pennsylvania. It involves seeking recognition of the criminal conviction and ensuring appropriate enforcement measures, such as sentencing or rehabilitation, are implemented by Pennsylvania authorities. 5. Pennsylvania Petition for Registration of Foreign Arbitration Award: When an arbitration award granted outside of Pennsylvania needs to be enforced within the state, this petition is filed to request recognition and enforcement of the award. It ensures that the rights and remedies provided by the arbitration award are upheld within Pennsylvania's jurisdiction. Note: It is important to consult with a legal professional or refer to the specific laws in Pennsylvania to understand the exact requirements and procedures for filing different types of Pennsylvania Petition for Registration of Foreign Judgment.
