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 Wisconsin Petition for Registration of Foreign Judgment is a legal process that allows individuals or entities to enforce a judgment obtained from another state or country within the state of Wisconsin. This petition is filed in the appropriate circuit court and seeks recognition and enforcement of a foreign judgment. Keywords: Wisconsin, Petition for Registration, Foreign Judgment, legal process, enforce, recognition, circuit court. There are two types of Wisconsin Petitions for Registration of Foreign Judgment, including: 1. Domestication of Foreign Judgment: This type of petition is filed when a party has obtained a judgment from another state or country, and they want it recognized and enforced in Wisconsin. The petitioner will need to provide the original judgment document, along with a certified copy, to the relevant circuit court in Wisconsin. The court will then review the judgment and, if it meets the necessary requirements, grant recognition and enforceability within the state. 2. Modification or Amendment of Foreign Judgment: In certain circumstances, a petitioner may need to modify or amend a foreign judgment that has already been registered in Wisconsin. This can occur when there are changes in circumstances or new evidence that could impact the original judgment. The petitioner will need to file a petition with the circuit court, stating the reasons for the requested modification or amendment. The court will then review the petition and make a decision based on the merits of the case. It is important to note that the Wisconsin Petition for Registration of Foreign Judgment is a legal proceeding, and it is advisable to seek the guidance of an attorney knowledgeable in Wisconsin law to navigate through the process smoothly.The Wisconsin Petition for Registration of Foreign Judgment is a legal process that allows individuals or entities to enforce a judgment obtained from another state or country within the state of Wisconsin. This petition is filed in the appropriate circuit court and seeks recognition and enforcement of a foreign judgment. Keywords: Wisconsin, Petition for Registration, Foreign Judgment, legal process, enforce, recognition, circuit court. There are two types of Wisconsin Petitions for Registration of Foreign Judgment, including: 1. Domestication of Foreign Judgment: This type of petition is filed when a party has obtained a judgment from another state or country, and they want it recognized and enforced in Wisconsin. The petitioner will need to provide the original judgment document, along with a certified copy, to the relevant circuit court in Wisconsin. The court will then review the judgment and, if it meets the necessary requirements, grant recognition and enforceability within the state. 2. Modification or Amendment of Foreign Judgment: In certain circumstances, a petitioner may need to modify or amend a foreign judgment that has already been registered in Wisconsin. This can occur when there are changes in circumstances or new evidence that could impact the original judgment. The petitioner will need to file a petition with the circuit court, stating the reasons for the requested modification or amendment. The court will then review the petition and make a decision based on the merits of the case. It is important to note that the Wisconsin Petition for Registration of Foreign Judgment is a legal proceeding, and it is advisable to seek the guidance of an attorney knowledgeable in Wisconsin law to navigate through the process smoothly.
