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 South Carolina Petition for Registration of Foreign Judgment is a legal process that involves seeking recognition and enforcement of a judgment or court order obtained from another state or jurisdiction. This petition allows individuals or entities to have out-of-state judgments recognized and enforced within the state of South Carolina. Keywords: South Carolina, petition for registration, foreign judgment, recognition, enforcement, court order, out-of-state judgments. There are two different types of South Carolina Petition for Registration of Foreign Judgment: 1. Domestication of Foreign Judgment: This type of petition is typically used when a judgment is obtained from another state or jurisdiction and needs to be recognized and enforced within South Carolina. By filing this petition, individuals or entities can request the South Carolina court to recognize the foreign judgment as if it were originally issued within the state. Keywords: domestication, foreign judgment, recognition, enforcement, South Carolina court. 2. Petition for Modification of Foreign Judgment: In certain circumstances, parties may seek to modify or alter a foreign judgment to better suit the needs or changes in their situation. This type of petition allows individuals or entities to request the South Carolina court to modify specific aspects of the foreign judgment in accordance with the state's laws and regulations. Keywords: modification, alter, foreign judgment, South Carolina court, laws and regulations. Please note that the South Carolina Petition for Registration of Foreign Judgment process may require the submission of various legal documents, such as a certified copy of the foreign judgment, a sworn statement, and any relevant supporting evidence. It is advisable to consult with an attorney experienced in South Carolina's laws and regulations regarding the registration of foreign judgments to ensure a smooth and successful process. Keywords: legal documents, certified copy, sworn statement, supporting evidence, attorney, laws and regulations.
