NY STATE JUDGMENTS-(AS A FOREIGN JUDGMENT)
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Posted by Why Chat (209.240.198.61) on November 22, 2002 at 18:41:57:
Here is some information for those who are living in a DIFFERENT State and are being threatened with collection activity on an existing NY State judgment.
A GENERAL GUIDE TO THE ENFORCEMENT OF JUDGMENTS ACROSS STATE LINES
This article discusses general guidelines regarding the enforcement of a judgment in a state other than the state where the judgment was originally obtained; what is commonly referred to as a Foreign Judgment.
Under the United States Constitution, a judgment obtained in one state is to be given full faith and credit in other states of the United States. Article 4, Section 1 of the Constitution states:
"…full faith and credit shall be given in each State of the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe that manner in which such acts, records, and proceeding shall be proved, and the effect thereof."
However, this does not mean that a judgment of one state can automatically be enforced in another state.
ENFORCEMENT OF JUDGMENT ACROSS STATE LINES
Generally, judgments across state lines can be enforced in one of two ways:
1.A new lawsuit may be filed based on the judgment.
2.Alternatively, in those states that have adopted the Uniform Enforcement of Foreign Judgment Act (the Act), a foreign judgment (defined as a judgment of any state or federal court) may be registered by filing an exemplified copy of the foreign judgment with the appropriate office of the Court and notifying the debtor of the filing. An exemplified judgment is a copy of the judgment to which a certificate has been attached signed in three places, once by the judge and twice by the clerk, attesting to the authenticity and validity of the judgment. It is frequently called a judgment that has been authenticated pursuant to an Act of Congress. The Act sets forth the technical procedure that must be followed to register the judgment. A judgment that has been registered is viewed as a judgment issued out of the Court in which the foreign judgment was filed and all local enforcement procedures would be available to the creditor.
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READ THIS NEXT PARAGRAPH CAREFULLY !!
A word of caution – the Act is not uniform in all states. Some states, such as New York and Connecticut, will not allow the registration of a default judgment in which case a new lawsuit must be filed to enforce the judgment.
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THIS MEANS IF IT WAS A NEW YORK DEFAULT JUDGMENT IT CANNOT BE ENFORCED IN ANOTHER STATE
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