The domestication of out-of-state judgments is a crucial process in the legal landscape, allowing a judgment creditor to enforce a judgment obtained in one state in another state. This process ensures that debtors cannot escape their legal obligations simply by moving to a different state. Each state in the U.S. has specific rules and procedures for this process. This blog provides a comprehensive state-by-state guide on domestication of out-of-state judgments, complete with definitions and an overview of how Served 123 LLC can assist with this complex legal procedure.
What is Domestication of Out-of-State Judgments?
Domestication of out-of-state judgments, also known as foreign judgment enforcement, involves recognizing and enforcing a judgment issued by a court in one state (the foreign state) in another state (the forum state). This process is governed by the Uniform Enforcement of Foreign Judgments Act (UEFJA), which has been adopted by most states, though the specific procedures and
requirements can vary.
Key Definitions
Foreign Judgment: A judgment issued by a court in one state that needs to be enforced in another state.
Judgment Creditor: The party to whom money is owed as determined by the court judgment.
Judgment Debtor: The party who owes money as determined by the court judgment.
Domestication: The legal process of registering and enforcing a foreign judgment in another state.
General Procedure for Domestication
While specific procedures vary by state, the general steps for domestication of an out-of-state judgment include:
Filing the Judgment: The judgment creditor must file an authenticated copy of the foreign judgment with the clerk of the court in the forum state.
Notice to Judgment Debtor: The judgment debtor must be notified of the filing of the foreign judgment.
Waiting Period: Some states require a waiting period before enforcement actions can be taken, allowing the judgment debtor to contest the judgment.
Enforcement: Once the judgment is domesticated, it can be enforced in the same manner as a judgment originally issued in the forum state.
State-by-State Overview
Alabama
Procedure: File an authenticated copy of the judgment and an affidavit stating the last known address of the judgment debtor.
Waiting Period: 30 days after notice is sent.
Reference: Alabama Code § 6-9-230 et seq.
Alaska
Procedure: File the judgment along with a notice of filing in the appropriate court.
Waiting Period: None specified.
Reference: Alaska Statutes § 09.30.200 et seq.
Arizona
Procedure: File the judgment and affidavit with the clerk of the court.
Waiting Period: None specified.
Reference: Arizona Revised Statutes § 12-1701 et seq.
Arkansas
Procedure: File a copy of the judgment with the affidavit.
Waiting Period: 30 days after notice.
Reference: Arkansas Code § 16-66-601 et seq.
California
Procedure: File a copy of the judgment with the affidavit and a notice of filing.
Waiting Period: 30 days after service of notice.
Reference: California Code of Civil Procedure § 1710.10 et seq.
Colorado
Procedure: File the judgment along with the required documentation in the appropriate court.
Waiting Period: None specified.
Reference: Colorado Revised Statutes § 13-53-101 et seq.
Connecticut
Procedure: File a copy of the foreign judgment with the affidavit.
Waiting Period: 30 days after service of notice.
Reference: Connecticut General Statutes § 52-604 et seq.
Delaware
Procedure: File the foreign judgment along with an affidavit.
Waiting Period: 30 days after notice.
Reference: Delaware Code Title 10, § 4781 et seq.
Florida
Procedure: File the judgment with an affidavit in the county where the judgment debtor resides.
Waiting Period: 30 days after notice.
Reference: Florida Statutes § 55.501 et seq.
Georgia
Procedure: File the judgment and affidavit with the superior court clerk.
Waiting Period: None specified.
Reference: Georgia Code § 9-12-130 et seq.
Hawaii
Procedure: File the foreign judgment and an affidavit.
Waiting Period: None specified.
Reference: Hawaii Revised Statutes § 636C-1 et seq.
Idaho
Procedure: File an authenticated copy of the foreign judgment with the clerk of the court.
Waiting Period: 30 days after notice.
Reference: Idaho Code § 10-1301 et seq.
Illinois
Procedure: File the judgment and an affidavit with the circuit court.
Waiting Period: None specified.
Reference: Illinois Code of Civil Procedure § 12-650 et seq.
Indiana
Procedure: File an authenticated copy of the foreign judgment and an affidavit.
Waiting Period: 21 days after notice.
Reference: Indiana Code § 34-54-11 et seq.
Iowa
Procedure: File the judgment and an affidavit.
Waiting Period: 30 days after notice.
Reference: Iowa Code § 626A.1 et seq.
Kansas
Procedure: File a copy of the foreign judgment with the affidavit.
Waiting Period: 30 days after notice.
Reference: Kansas Statutes § 60-3001 et seq.
Kentucky
Procedure: File the judgment and affidavit with the circuit court.
Waiting Period: 30 days after notice.
Reference: Kentucky Revised Statutes § 426.950 et seq.
Louisiana
Procedure: File the foreign judgment with an affidavit.
Waiting Period: 30 days after notice.
Reference: Louisiana Revised Statutes § 13:4241 et seq.
Maine
Procedure: File a copy of the judgment and an affidavit with the court.
Waiting Period: None specified.
Reference: Maine Revised Statutes Title 14, § 8001 et seq.
Maryland
Procedure: File the foreign judgment with an affidavit.
Waiting Period: 30 days after notice.
Reference: Maryland Courts and Judicial Proceedings § 11-801 et seq.
Massachusetts
Procedure: File the judgment with the required documentation.
Waiting Period: None specified.
Reference: Massachusetts General Laws Chapter 218, § 3-9 et seq.
Michigan
Procedure: File the judgment and an affidavit.
Waiting Period: None specified.
Reference: Michigan Compiled Laws § 691.1171 et seq.
Minnesota
Procedure: File the foreign judgment and an affidavit.
Waiting Period: 20 days after notice.
Reference: Minnesota Statutes § 548.26 et seq.
Mississippi
Procedure: File a copy of the judgment and an affidavit.
Waiting Period: 30 days after notice.
Reference: Mississippi Code § 11-7-301 et seq.
Missouri
Procedure: File the judgment and an affidavit with the circuit court.
Waiting Period: 30 days after notice.
Reference: Missouri Revised Statutes § 511.760 et seq.
Montana
Procedure: File an authenticated copy of the foreign judgment and an affidavit.
Waiting Period: None specified.
Reference: Montana Code § 25-9-501 et seq.
Nebraska
Procedure: File the judgment and an affidavit with the court.
Waiting Period: None specified.
Reference: Nebraska Revised Statutes § 25-1587.01 et seq.
Nevada
Procedure: File a copy of the foreign judgment and an affidavit.
Waiting Period: 30 days after notice.
Reference: Nevada Revised Statutes § 17.330 et seq.
New Hampshire
Procedure: File the judgment and an affidavit with the superior court.
Waiting Period: 30 days after notice.
Reference: New Hampshire Revised Statutes § 524-A:1 et seq.
New Jersey
Procedure: File the foreign judgment with the affidavit.
Waiting Period: 14 days after notice.
Reference: New Jersey Statutes § 2A:49A-25 et seq.
New Mexico
Procedure: File a copy of the foreign judgment with the affidavit.
Waiting Period: 30 days after notice.
Reference: New Mexico Statutes § 39-4A-1 et seq.
New York
Procedure: File the foreign judgment with an affidavit in the appropriate court.
Waiting Period: 30 days after notice.
Reference: New York Civil Practice Law and Rules § 5401 et seq.
North Carolina
Procedure: File the foreign judgment and an affidavit.
Waiting Period: 30 days after notice.
Reference: North Carolina General Statutes § 1C-1701 et seq.
North Dakota
Procedure: File the judgment and an affidavit with the clerk of court.
Waiting Period: None specified.
Reference: North Dakota Century Code § 28-20.1-01 et seq.
Ohio
Procedure: File a copy of the judgment with the affidavit.
Waiting Period: 30 days after notice.
Reference: Ohio Revised Code § 2329.021 et seq.
Oklahoma
Procedure: File the judgment and an affidavit with the court.
Waiting Period: None specified.
Reference: Oklahoma Statutes § 12-719 et seq.
Oregon
Procedure: File the judgment with an affidavit.
Waiting Period: 30 days after notice.
Reference: Oregon Revised Statutes § 24.115 et seq.
Pennsylvania
Procedure: File a copy of the judgment and an affidavit.
Waiting Period: 30 days after notice.
Reference: Pennsylvania Consolidated Statutes Title 42, § 4306 et seq.
Rhode Island
Procedure: File the judgment with the appropriate documentation.
Waiting Period: None specified.
Reference: Rhode Island General Laws § 9-32-1 et seq.
South Carolina
Procedure: File a copy of the foreign judgment with the affidavit.
Waiting Period: 30 days after notice.
Reference: South Carolina Code § 15-35-900 et seq.
South Dakota
Procedure: File the judgment and an affidavit with the court.
Waiting Period: 30 days after notice.
Reference: South Dakota Codified Laws § 15-16A-1 et seq.
Tennessee
Procedure: File a copy of the foreign judgment with an affidavit.
Waiting Period: None specified.
Reference: Tennessee Code § 26-6-101 et seq.
Texas
Procedure: File the foreign judgment with an affidavit.
Waiting Period: 30 days after notice.
Reference: Texas Civil Practice and Remedies Code § 35.001 et seq.
Utah
Procedure: File a copy of the judgment with the affidavit.
Waiting Period: None specified.
Reference: Utah Code § 78B-5-301 et seq.
Vermont
Procedure: File the foreign judgment with the affidavit.
Waiting Period: None specified.
Reference: Vermont Statutes Title 12, § 5061 et seq.
Virginia
Procedure: File the foreign judgment with an affidavit.
Waiting Period: None specified.
Reference: Virginia Code § 8.01-465.1 et seq.
Washington
Procedure: File a copy of the foreign judgment with the affidavit.
Waiting Period: 30 days after notice.
Reference: Washington Revised Code § 6.36.010 et seq.
West Virginia
Procedure: File the judgment and affidavit with the court.
Waiting Period: 30 days after notice.
Reference: West Virginia Code § 55-14-1 et seq.
Wisconsin
Procedure: File a copy of the judgment with the affidavit.
Waiting Period: None specified.
Reference: Wisconsin Statutes § 806.24 et seq.
Wyoming
Procedure: File the foreign judgment with an affidavit.
Waiting Period: None specified.
Reference: Wyoming Statutes § 1-16-601 et seq.
Consider Served 123 LLC
For those navigating the complexities of domestication of out-of-state judgments, choosing a reliable and professional service provider is essential. Served 123 LLC stands out as a trusted partner in managing the intricacies of this legal process. Our experienced team ensures that all procedures are followed meticulously, providing peace of mind to our clients.
Whether you are a legal professional or an individual involved in a legal proceeding, Served 123 LLC is here to assist you with all your domestication of out-of-state judgments needs. Trust us to handle your legal documents with the utmost care and professionalism.