Puerto Rico Assignment of Judgment

State:
Multi-State
Control #:
US-00762BG
Format:
Word; 
Rich Text
Instant download

Description

An Assignment of Judgment is used when one party wishes to assign his/her rights to a Judgment over to another individual. Such an assignment may be made for purposes of collection or in payment of a debt.

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FAQ

The Act has been enacted by all states with the exception of California and Vermont, plus the District of Columbia, U.S. Virgin Islands, and Puerto Rico.

The lowest level is the Court of First Instance (Tribunal de Primera Instancia), which includes both municipal and district courts. The intermediate appellate court is the Circuit Court of Appeal (Tribunal de Apelaciones). The Supreme Court (Tribunal Supremo) is the highest court in Puerto Rico.

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.

In international law, exequatur (from the Latin word meaning to execute) is a judicial procedure that allows a person or company to obtain recognition by the court. It allows the enforcement on French territory of a judgment rendered abroad.

Florida renamed it the Florida Enforcement of Foreign Judgments Act (FEFJA). The only states and territory that did not adopt the Act are Vermont, California and Puerto Rico The FEFJA is laid out in Florida Statute 55.051 which provides that Florida gives Full Faith and Credit to a sister states judgment.

When Puerto Rico became a US territory, it incorporated the common law system. This created a mixed legal system in which common law and civil law are blended. This system is what prevails today. Civil law is applied for family law, divorce, child custody, real property law, and contractual law, among others.

Most states, including the District of Columbia and the U.S. Virgin Islands have adopted the UEFJA. Only California and Vermont have not.

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.

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Puerto Rico Assignment of Judgment