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Re: WhyChat - Can You Explain?


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Posted by WHY CHAT (209.240.198.61) on October 18, 2003 at 22:32:17:

In Reply to: Re: WhyChat - Can You Explain? posted by FL vs NY on October 18, 2003 at 22:05:15:


Well, you can claim the normal stuff- lack of prper service etc.,but here is what I suggest. this is NOT legal advice, just information.

NEW YORK STATUTE

http://caselaw.lp.findlaw.com/nycodes/c16/a43.html


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.
(NEW YORK MAY NOT EXEMPLIFY DEFAULT JUDGMENTS-FILE A DEMAND THAT THE JUDGMENT HAS BEEN PROPERLY EXEMPLIFIED)

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.  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.))

55.509  Stay of enforcement of foreign judgment.--
(1)  If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment or the validity of the foreign judgment

(A DEFAULT JUDGMENT FROM A STATE THAT COULD NOT RECIPROCATE IN RECOGNITION OF A FL DEFAULT JUDGMENT SHOULD NOT BE VALID)

and records a lis pendens directed toward the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action by the judgment debtor.
(2)  If the judgment debtor shows the circuit or county court any ground upon which enforcement of a judgment of any circuit or county court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.



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