South Carolina Petition for Registration of Foreign Judgment

State:
Multi-State
Control #:
US-03248BG
Format:
Word; 
Rich Text
205 downloads

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

While the law is a little unclear, it is generally recognized in South Carolina that if a person who is owed money (also called a judgment creditor) does not begin court action to execute the judgment within 10 years from the date the judgment is entered, then the judgment will be deemed to have expired.

The only U.S. states which have not adopted the Uniform Enforcement of Foreign Judgments Act are California and Vermont.

Domesticating Foreign Judgments in California Domesticating a foreign judgment in California to put it simply, is relocating a court ruling's jurisdiction. A judgment ruled, in the case under California law, can transfer from California's ruling jurisdiction to another.

First, the creditor has to apply for an execution by the Sheriff. These executions rarely create any benefits. After the Sheriff returns the execution uncollected (also called Nulla Bona), then the creditor must file an action called Supplemental Proceedings with the Master-in-Equity.

§ 15-35-400 and Rule 68 of the South Car- olina Rules of Civil Procedure, which pro- vide that any party to a civil action may file, no later than twenty (20) days before the trial date, a written Offer of Judg- ment signed by the party or its attorney, offering to either take judgment in the offeror's favor, or to ...

In order to domesticate a judgment, UEFA requires that an authenticated copy of the foreign judgment be filed with the court clerk in any county in South Carolina in which the judgment debtor either resides or has property located.

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.

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South Carolina Petition for Registration of Foreign Judgment