How Do I Enforce a Maryland Judgment Lien on Property in South Dakota?

Full question:

A Maryland Judge granted a judgement against my husband (we were divorced in MD and now both of us reside in MN as of 2006) who can't afford to pay me. He has 5 acres of land in South Dakota that I wish to place a lien against so that when he sells his property, my judgement will be satisfied. How do I do this - which forms - and where do I file the forms?

• Category: Judgment Liens
• Date: 04/07/2025
• State: Minnesota

Answer:

A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. Such cases include failure to pay a debt, including credit cards, bank loans, or deficiency judgments on repossessed vehicles. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."

A judgment lien is created when a plaintiff gets a judgment for money damages against a defendant and records that judgment in the county where land of the defendant is located. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt. If a lien were placed on a home, the judgment creditor would then seek to foreclose on the property, in the same way a mortgage holder such as a bank would foreclose if it were not paid. Laws regarding judgment liens vary by jurisdiction.

South Dakota Codified Laws § 15-16-7, Judgment as lien on real property, states:

When a judgment has been docketed with a clerk of the circuit court, it shall be a lien on all the real property, except the homestead, in the county where the same is so docketed, of every person against whom any such judgment shall be rendered, and which he may have at the time of the docketing thereof in the county in which such real property is situated, or which he shall acquire at any time thereafter, for ten years from the time of docketing the same in the county where it was rendered, and no judgment shall become a lien on real property as herein provided unless it be docketed in the county where the land is situated.

Enforcing the Maryland Judgment in South Dakota:

South Dakota has adopted the Uniform Enforcement of Foreign Judgments Act (the Act). Therefore, a foreign judgment (defined as a judgment of any state or federal court) may be registered by filing an authenticated copy of the foreign judgment with the appropriate office of the Court and notifying the debtor of the filing.

South Dakota Statute

UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT

S.D. Codified Laws § 15-16A-1. "Foreign judgment" defined

As used in this chapter, "foreign judgment" shall mean any judgment, decree, or order of a court of the United States or any of the several states which is entitled to full faith and credit in this state.

S.D. Codified Laws § 15-16A-2. Filing of foreign judgments

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner.

S.D. Codified Laws § 15-16A-8. Effect of chapter on judgment creditors

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this chapter remains unimpaired.