New Jersey Foreign Judgment Enrollment
New Jersey Permanent Statutes
TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
Short title
1. This act shall be known and may be cited as the
"Uniform Enforcement of Foreign Judgments Act." Title 2A, §2A:49A-25
"Foreign judgment" defined
2. In this act "foreign judgment" means any judgment,
decree, or order of a court of the United States or of any other court
which is entitled to full faith and credit in this State. Title 2A,
§2A:49A-26
Filing of copy of foreign judgment
3. A copy of any foreign judgment authenticated in
accordance with an act of Congress or the statutes of this State may be
filed in the office of the Clerk of the Superior Court of this State.
The clerk shall treat the foreign judgment in the same manner as a judgment
of the Superior Court of this State. A judgment so filed has the
same effect and is subject to the same procedures, defenses and proceedings
for reopening, vacating, or staying as a judgment of a Superior Court of
this State and may be enforced in the same manner. Title 2A, §2A:49A-27
Filing of affidavit; mailing of notice to judgment debtor
4.
a. At the time of the filing of the foreign judgment,
the judgment creditor or his lawyer shall make and file with the Clerk
of the Superior Court an affidavit setting forth the name and last known
post office address of the judgment debtor, and the judgment creditor.
The affidavit shall further set forth whether the time to appeal the foreign
judgment has expired and whether the court of origin has granted a stay
of execution. In addition, in the case of a judgment entered by default,
the affidavit shall so state and shall set forth the expiration date under
the rules of the court of origin for vacating the default.
b. Promptly upon the filing of the foreign judgment and the
affidavit, the clerk shall mail notice of the filing of the foreign judgment
to the judgment debtor at the address given and shall make a note of the
mailing in the docket. The notice shall include the name and post
office address of the judgment creditor and the judgment creditor's lawyer,
if any, in this State. In addition, the judgment creditor may mail
a notice of the filing of the judgment to the judgment debtor and may file
proof of mailing with the clerk. Lack of mailing notice of filing
by the clerk shall not affect the enforcement proceedings if proof of mailing
by the judgment creditor has been filed.
c. No execution or other process for enforcement of a foreign
judgment filed under this act shall issue until 14 days after the date
the judgment is filed. Title 2A, §2A:49A-28
Appeal, stay of execution, enforcement
5.
a. If the judgment debtor shows the Superior Court
that an appeal from the foreign judgment is pending or will be taken, or
that a stay of execution has been granted, the court shall stay enforcement
of the foreign judgment until the appeal is concluded, the time for appeal
expires, or the stay of execution expires or is vacated, upon proof that
the judgment debtor has furnished security for the satisfaction of the
judgment required by the state in which it was rendered.
b. If the judgment debtor shows the Superior Court any ground
upon which enforcement of a judgment of the Superior Court would be stayed,
the Superior Court shall stay enforcement of the foreign judgment for an
appropriate period, upon requiring the same security for satisfaction of
the judgment which is required in this State. Title 2A, §2A:49A-29
Fees for filing foreign judgment
6. Any person filing a foreign judgment shall pay
to the Clerk of the Superior Court the fees required pursuant to N.J.S.22A:2-29
for actions taken with respect to judgments. Fees for docketing,
transcription or other enforcement proceedings shall be as provided for
judgments of the Superior Court in accordance with N.J.S.22A:2-29.
Title 2A, §2A:49A-30
Right unimpaired
7. The right of a judgment creditor to bring an action
to enforce his judgment instead of proceeding under this act remains unimpaired.
Title 2A, §2A:49A-31
Construction of act relative to consumer loans
8. Nothing in this act shall be construed to require
the enforcement of any foreign judgment which is based on a consumer loan
containing any provision prohibited by the provisions of the "New Jersey
Licensed Lenders Act," P.L.1996, c.157 (C.17:11C-1 et seq.). Title
2A, §2A:49A-32
Uniformity of interpretation, construction
9. This act shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those states
which enact it. Title 2A, §2A:49A-33
