Re: WHYCHAT - Any examples of NY default judgments rejected?
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by Why Chat (209.240.205.61) on December 13, 2003 at 20:27:53:
In Reply to: WHYCHAT - Any examples of NY default judgments rejected? posted by Judgmental on December 13, 2003 at 15:07:03:
The 1st URL is an explanation of he proccess and the exception of NY & Conn. and the pertinent section. The 2nd is caselaw and the part that refers to the exemption. 1:http://www.tfc-associates.com/news/2002%203QNewsletter.htm 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. 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** 2:
www.law.fsu.edu/library/flsupct/sc96917/op-sc96917.pdf 55.605 Grounds for nonrecognition.â€"
(1) A foreign judgment is not conclusive if: **(g) The foreign jurisdiction where judgment was rendered would not
give recognition to a similar judgment rendered in this state.**
Follow Ups:
Post a Followup
|
