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 Washington Petition for Registration of Foreign Judgment is a formal legal process that allows individuals or entities with a foreign judgment to seek recognition and enforcement in the state of Washington. This petition is designed to streamline the recognition of judgments obtained outside of Washington, ensuring their enforceability in the state. When filing a Washington Petition for Registration of Foreign Judgment, several key elements must be provided to the court. Firstly, the petitioner must present a certified copy of the foreign judgment, which serves as evidence of the judgment's existence and legitimacy. Additionally, the petitioner should include an affidavit stating the name and address of both the judgment debtor and the judgment creditor, and any pertinent details regarding the foreign judgment. It is important to note that there are different types of Washington Petitions for Registration of Foreign Judgment, depending on the nature of the original foreign judgment. These types may include: 1. Money judgment: This type of petition is used when seeking to enforce a foreign judgment that requires the payment of a specific monetary sum. It is commonly used in cases involving debts, loans, or monetary damages awarded in a foreign jurisdiction. 2. Divorce or custody judgment: In cases where a foreign jurisdiction has issued a judgment pertaining to divorce or child custody matters, individuals can file a Washington Petition for Registration of Foreign Judgment specific to these types of judgments. This ensures that the foreign judgment is recognized and enforced, allowing the appropriate legal actions to be taken in Washington courts. 3. Property or asset judgment: This particular type of petition is utilized when seeking recognition of a foreign judgment related to the transfer, division, or allocation of property or assets. It enables the petitioner to enforce the provisions of the foreign judgment in Washington, ensuring compliance and equitable resolution. By filing a Washington Petition for Registration of Foreign Judgment, individuals or entities can navigate the legal process efficiently, allowing the foreign judgment obtained to be recognized and enforced within the state. This helps streamline the enforcement of legal rights and obligations, promoting fairness and stability in cross-jurisdictional cases.
