Virginia Petition for Registration of Foreign Judgment

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Multi-State
Control #:
US-03248BG
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Word; 
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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

However, a foreign judgment would not be enforced if it would constitute a breach of natural justice. This would arise, for example, if the judgment debtor had no notice of the proceedings or if he or she was not given a proper opportunity to present the case.

--Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation whenever the party opposing recognition or enforcement of the judgment claims that the judgment is inconsistent with the first amendment to the Constitution of the United ...

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

Definition of exequatur 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.

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.

Foreign Judgment Recording A certified copy or an abstract of a foreign judgment under a triple seal (exemplification of a judgment) Notarized affidavit from the plaintiff or plaintiff's legal representative, stating the last known address of all parties (Virginia Code § 8.01-465.3) Payment of $25.

Generally, a foreign judgment will only be recognised and enforced in Canada if it is shown that, under Canadian conflict of laws principles, the foreign court had jurisdiction over the dispute/defendant.

Notice of filing. At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.

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Virginia Petition for Registration of Foreign Judgment