Washington Foreign Judgment Enrollment
Definition and meaning
A Washington Foreign Judgment Enrollment is the process of registering a judgment rendered by a court outside of Washington state. This allows the holder of the judgment, referred to as the judgment creditor, to enforce the judgment in Washington state. The act of enrollment transforms the foreign judgment into a legally recognized judgment in Washington, creating a lien against the debtor's property within the state.
How to complete a form
- Ensure the judgment is a final judgment and certified correctly.
- Complete the required forms including the Affidavit in Support of Request to Enroll Foreign Judgment, the Request for Enrollment with Judgment, and the Notice of Enrollment.
- Send the completed forms along with any required fees to the court clerk.
- Mail a copy of the Notice of Enrollment to the judgment debtor.
- Wait for 30 days after the notice is mailed before enforcing the judgment.
Who should use this form
This form is primarily useful for individuals or entities that hold a judgment from a state or jurisdiction outside of Washington and wish to enforce that judgment within Washington state. It is especially relevant for creditors seeking to collect debts, such as individuals or businesses owed money from a legal proceeding.
State-specific requirements
To successfully enroll a foreign judgment in Washington, certain requirements must be fulfilled:
- The judgment must be certified according to federal acts.
- The judgment must be a final and unsatisfied judgment.
- All forms must be correctly filled, including any necessary notices to the debtor.
- The enrollment must be completed within specified time frames as per Washington law.
Common mistakes to avoid when using this form
Users should be cautious of common pitfalls that can hinder the enrollment:
- Failing to correctly certify the foreign judgment can result in rejection.
- Missing documents or not sending fees can stall the process.
- Not mailing the notice to the judgment debtor as required can lead to enforcement delays.
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FAQ
CPC Section 13. When foreign judgment not conclusive.
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except- (a) where it has not been pronounced by a Court of competent jurisdiction; (b) where it has not been given on
The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
The process requires registering a certified copy of the foreign judgment with the clerk of the court in the jurisdiction where you want to enforce the judgment. You will also need to file an affidavit attesting to certain facts, as specified in the court's procedural rules.
A foreign judgment is defined under section 2 (6) of the CPC as a judgment of a foreign court. A foreign court, under section 2(5) of CPC, means a court situated outside India and not established or continued by the authority of the Central Government.
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except- (a) where it has not been pronounced by a Court of competent jurisdiction; (b) where it has not been given on
Generally, U.S. judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country.It can generally be said that non-default judgments not involving tort claims or punitive damages are more likely to be enforced.