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 Utah Petition for Registration of Foreign Judgment is a legal document used in the state of Utah to request the recognition and enforcement of a judgment obtained in another jurisdiction. This petition allows individuals or entities who have won a judgment from a court outside of Utah to have that judgment recognized and enforced within the state. Keywords: Utah, Petition for Registration, Foreign Judgment, recognition, enforcement, jurisdiction There are different types of Utah Petition for Registration of Foreign Judgments based on the nature of the judgment being sought for recognition and enforcement. Here are a few examples: 1. Money Judgment: This type of petition is used when seeking the recognition and enforcement of a judgment that requires the payment of a specific sum of money by the losing party. 2. Divorce Decree: In cases where a divorce has been granted in a foreign jurisdiction, this type of petition enables the recognition and enforcement of the divorce decree, including child custody, alimony, and property division aspects. 3. Child Support Order: When seeking the enforcement of a child support order issued by a court in another jurisdiction, the petitioner can file a Utah Petition for Registration of Foreign Judgment specific to child support matters. 4. Custody or Visitation Order: This type of petition is used to recognize and enforce a judgment related to child custody or visitation rights, allowing the petitioner to ensure compliance with the court order. 5. Judgments involving Real Estate: In cases where a judgment relates to the ownership or transfer of real estate located in Utah but obtained in a different jurisdiction, a specific type of petition for registration is required to enforce the judgment. Regardless of the type of judgment being sought for recognition, the Utah Petition for Registration of Foreign Judgment requires detailed information about the judgment, its validity, and the parties involved. It is crucial to comply with the procedural rules set forth by the Utah courts to ensure the smooth processing and successful enforcement of the foreign judgment within the state.
