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Friday, January 5, 2018

Collecting an Out of State Judgement



Collecting an Out of State Judgment
Article 4 of the U.S. Constitution provides that a judgment awarded in a court of one state is entitled to full faith and credit in the courts of another state. A judgment from another state can be enforced by docketing it with the Clerk of the Superior Court in Trenton. It will then be a lien on any real estate owned by the debtor in New Jersey and other collection efforts must be made through the Sheriff?s Office in the county where the debtor has assets. Contact the Superior Court Clerk?s Office at 609-421-6100 for more information.
source https://www.judiciary.state.nj.us/forms/10282_collect_money_jdgmnt.pdf
The Uniform Enforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25 et seq.) permits a judgment, decree, or order of the United States or of any other Court which is entitled to full faith and credit in this State to be filed with the Clerk of the Superior Court of New Jersey. Pursuant to Enron (Thrace) Exploration & Production v. Clapp, 378 N.J.Super. 8 (App. Div. 2005), foreign country money judgments are enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit, provided that the provisions of the Uniform Foreign Country Money Judgments Recognition Act, N.J.S.A. 2A:49A- 16 to 24, are met. The Clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of this State. Upon recording, the Clerk will issue a notice to the defendant providing 14 days during which the defendant may file an objection to the judgment. No execution of process can occur during that 14-day period. Any questions concerning the filing of foreign judgments should be directed to the Superior Court Clerk?s Office at (609) 421-6100.
Note: Pursuant to New Jersey Court Rule. 1:21, an attorney submitting an affidavit or certification in support of a foreign judgment must be licensed and/or eligible to practice law in the State of New Jersey and in good standing.
source: http://www.uniformlaws.org/shared/docs/registration%20of%20foreign%20judgments/NJ%20Foreign%20Judgment%20Registration%20Procedure.pdf
 

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