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 Bexar County Petition for Registration of Foreign Judgment is a legal process that allows individuals or entities to seek recognition and enforcement of a judgment obtained in another state or country. This petition enables the judgment creditor to collect the debt or enforce the terms of the judgment in Bexar County, Texas. When initiating the Bexar County Petition for Registration of Foreign Judgment, it is essential to provide all the necessary information and follow the specific guidelines set forth by the Bexar County Court. The petitioner needs to accurately complete the required forms, provide relevant supporting documents, and pay any applicable filing fees. There are several types of Bexar County Petition for Registration of Foreign Judgment, including but not limited to: 1. Bexar County Petition for Registration of Foreign Money Judgment: This type of petition is appropriate when seeking recognition and enforcement of a money judgment obtained in another state or country. It allows the judgment creditor to collect the outstanding debt owed by the judgment debtor. 2. Bexar County Petition for Registration of Foreign Judgment for Possession of Property: If a judgment obtained in another jurisdiction grants the petitioner possession of property located in Bexar County, Texas, this petition enables the petitioner to enforce the property possession rights awarded by the foreign judgment. 3. Bexar County Petition for Registration of Foreign Judgment for Specific Performance: This particular petition is applicable when a foreign judgment ordered specific performance of a contractual obligation, such as delivering specific property, completing services, or undertaking certain actions. The petitioner can seek enforcement of the specific performance requirement in Bexar County. Each type of Bexar County Petition for Registration of Foreign Judgment follows similar procedural rules and requires filing with the appropriate Bexar County Court. It is advisable to consult with an attorney experienced in handling foreign judgment registration to ensure compliance with all legal requirements and maximize the chances of successful enforcement.
