Full question:
I live in Ohio. Pennsylvania paid me unemployment compensation (although I never worked in Pennsylvania a company I worked for was located there), now they want some of it back claiming overpayment because I made a little money in Real Estate. I skipped a week per their instructions when I came into the money. But they claim I ran a business. Can I just ignore Pennsylvania or do they have enforcement powers from another state? I have appealed the decision so far.
- Category: Judgments
- Subcategory: Foreign Judgments
- Date:
- State: Ohio
Answer:
We suggest you do not ignore it. If a court in another state issues a judgment, it may be enforced by the defendant's home state under the Uniform Enforcement of Foreign Judgments Act.
Common requirements for recognition and enforcement include:
a) proper notice
b) proper jurisdiction (personal and subject matter)
c) final and binding judgment
d) no violation of "recognizing" state's public policy
For further discussion, please see:
http://www.ccaacollect.com/images/enforcing.pdf
Please see the following OH statutes:
2329.021 Foreign judgment defined.
As used in sections 2329.021 to 2329.027 of the Revised Code, “foreign judgment” means any judgment, decree, or order of a court of the United States, or of any court of another state, that is entitled to full faith and credit in this state.
2329.022 Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with section 1738 of Title 28 of the United States Code, 62 Stat. 947 (1948), may be filed with the clerk of any court of common pleas. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of common pleas. A foreign judgment filed pursuant to this section has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of common pleas and may be enforced or satisfied in same manner as a judgment of a court of common pleas.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
