Contra Costa California Notice of Entry of Judgment on Sister State Judgment - Foreign Judgment

State:
California
County:
Contra Costa
Control #:
CA-EJ-110
Format:
PDF
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Description

A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Entry of Judgment on Sister-State Judgment, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. USLF control number CA-EJ-110

The Contra Costa California Notice of Entry of Judgment on Sister State Judgment — Foreign Judgment is a legal document that acknowledges the enforcement of a judgment obtained in another state or country. It acts as a formal notification to the courts in Contra Costa County, California, regarding the entry of a foreign judgment and its subsequent recognition and enforcement within their jurisdiction. In situations where a judgment has been obtained in another state or country, the plaintiff may seek to have it recognized and enforced in Contra Costa County. This notice serves as a crucial step in the legal process, providing transparency and ensuring that the defendant is made aware of the foreign judgment against them. The content of the Contra Costa California Notice of Entry of Judgment on Sister State Judgment — Foreign Judgment typically includes the following key details: 1. Header: The document begins with a header that states the title "Notice of Entry of Judgment on Sister State Judgment — Foreign Judgment" to clearly identify its purpose and nature. 2. Court Information: The name and address of the court where the notice is being submitted are provided. This could be the Superior Court of California, Contra Costa County, or a specific branch within the county. 3. Case Information: The relevant details related to the foreign judgment must be stated. This includes the case name, case number, and the court in the originating state or country that issued the judgment. 4. Judgment Details: The notice will outline the specifics of the foreign judgment, such as the date it was rendered and the amount of money awarded (if applicable). 5. Certificate of Entry of Judgment: A certified copy of the judgment from the originating state or country is often attached to the notice, serving as evidence of the judgment's authenticity and granting it legal recognition in Contra Costa County. 6. Notice to Defendant: The notice contains a section that informs the defendant that the foreign judgment has been entered and recognized within the county. It explains their rights, including the option to contest the recognition of the judgment within a specified timeframe. Types of Contra Costa California Notice of Entry of Judgment on Sister State Judgment — Foreign Judgment: 1. Default Judgment: This type of notice is used when the defendant fails to respond or appear in court, resulting in a judgment being entered against them by default. The notice formally informs the defendant of this outcome and their opportunity to challenge it. 2. Money Judgment: If the foreign judgment involves the payment of a specific sum of money, a money judgment notice will be filed to ensure the defendant is notified of the debt owed and the judicial enforcement of its collection. 3. Property Judgment: In cases where the foreign judgment relates to the transfer or determination of property rights, a property judgment notice will be submitted to establish the legal recognition and enforcement of the judgment's provisions. 4. Child Custody Judgment: When the foreign judgment pertains to child custody matters, a specific notice will be filed, explicitly addressing the custody arrangements established by the foreign court and seeking their recognition and enforcement in Contra Costa County. By following the proper legal procedures and submitting the Contra Costa California Notice of Entry of Judgment on Sister State Judgment — Foreign Judgment, individuals can ensure the recognition and enforcement of foreign judgments within the county, providing a framework for justice across state and national borders.

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FAQ

state judgment is defined as ?that part of any judgment, decree, or order of a court of a state of the United States, other than California, which requires the payment of money, but does not include a support order as defined in Section 155 of the Family Code.? Cal. Code of Civ.

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

Domestication is the process that allows a creditor to attach the judgment as a lien to the debtor's property, and otherwise enforce it.

In short, the creditor must file an application to domesticate the judgment in California. The California court will then enter judgment on the same terms as the out-of-state judgment. Then the creditor must personally serve the debtor with notice of entry of the California judgment.

To register a foreign judgment, one must file a new California lawsuit. If the California court recognizes the decision from the foreign court, it will issue an essentially identical judgment. Therefore, the California court does not have to rehash the substantive issues of the foreign lawsuit.

The process is simple: First, the creditor must file an Application for Entry of Judgment on Sister-State Judgment (Form EJ-105). The application must be filed in the debtor's county of residence, pursuant to CCP § 1710.20(b). Second, the creditor must submit a Notice of Entry of Sister-State Judgment (Form EJ-110).

A Judgment expires 10 years from the date of judgment if it was entered on July 1, 2015 or later, and can be renewed for 10-year periods. A Judgment for Child Support arrears can generally be renewed for 10 years regardless of when it was originally entered, unless it has been allowed to expire since December of 2011.

This article focuses on recognition. Recognition in California is governed by the Uniform Foreign Money-Judgments Recognition Act for actions filed before Jan. 1, 2008, and the Uniform Foreign-Country Money-Judgments Recogni- tion Act for actions filed on or after that date.

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More info

Application for Entry of Judgment on Sister-State Judgment. California Judicial Council Form EJ-105.TR-125 Petition-Order to candy or Vacate Civil Assessment Contra Costa.

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Contra Costa California Notice of Entry of Judgment on Sister State Judgment - Foreign Judgment