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Can a Judgment From One State be Enforced in Another State?

Can a Judgment From One State be Enforced in Another State?

Full question:

a default judgment in california can be enforced in arizona

Category: Judgments
Subcategory: Foreign Judgments
Date: 04/07/2025
State: California

Answer:

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

Please see the following AZ statutes

12-1702. Filing and status 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 superior court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the superior 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 superior court of this state and may be enforced or satisfied in like manner.

12-1703. Notice of filing
A. At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the superior court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
B. Promptly upon the filing of the foreign judgment and the affidavit, the judgment creditor shall mail notice of the filing of the foreign judgment and a copy of the foreign judgment to the judgment debtor at the address given and shall file proof of mailing with the clerk. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state.

For further discussion, please see:

http://www.ccaacollect.com/images/enforcing.pdf

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.

FAQs

What is the default judgement rule in Arizona?

In Arizona, a default judgment occurs when a defendant fails to respond to a lawsuit within the specified time frame. The plaintiff can request the court to enter a judgment in their favor without a trial. However, the court must ensure that the defendant was properly served with the summons and complaint. If the defendant later shows a valid reason for not responding, they may file a motion to set aside the default judgment under Arizona Rule of Civil Procedure 55.

Can a judgement follow me to another state?

Yes, a judgment can follow you to another state. When a judgment is entered in one state, it can be enforced in another state by registering it there. The process typically involves filing the judgment with the appropriate court in the new state and complying with local laws regarding foreign judgments. This allows the creditor to pursue collection actions in the new state.

What happens if you have a judgement against you in California?

If you have a judgment against you in California, it means a court has ruled in favor of the plaintiff, and you are legally required to pay the specified amount. The plaintiff can take various actions to collect the judgment, including wage garnishment, bank levies, or placing liens on your property. You may also have options to appeal or negotiate the judgment, but it's essential to act promptly to protect your rights.

Can a California judgement be enforced in another state?

Yes, a California judgment can be enforced in another state. To do so, the judgment creditor must typically register the judgment in the new state's court system. This process allows the judgment to be treated as if it were issued by that state, enabling the creditor to pursue collection actions. Each state may have specific requirements for registering foreign judgments.

How do I enforce an out-of-state judgement in California?

To enforce an out-of-state judgment in California, you must file the judgment with the California court and follow the procedures outlined in the California Enforcement of Foreign Judgments Law. This involves submitting a copy of the judgment, an affidavit, and any required fees. Once registered, the judgment can be enforced like a California judgment, allowing for collection actions such as wage garnishment or bank levies.