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Can an expired foreign judgment be revived in this state?

Can an expired foreign judgment be revived in this state?

Q: Which states have not adopted the Uniform Enforcement of Foreign Judgments Act?

As of now, states that have not adopted the Uniform Enforcement of Foreign Judgments Act include California, New York, and Texas. Each of these states has its own procedures for recognizing and enforcing foreign judgments. It's important to check the specific laws in each state to understand how foreign judgments are handled.

Full question:

Can a foreign judgement be transferred back into this state after the original judgement has expired. The foreign judgment was registered in another state 2 years after the original judgement and they made a mistake and let the original judgement expire. Therefore they registered the foreign judgement back in this state to revive it. Can they do that?

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

Answer:

The ability to revive a foreign judgment depends on various factors, including the validity of the foreign judgment under the law of the originating state and whether you agreed to pay it. After a foreign judgment is received, any objections must be filed within thirty days. We cannot provide legal opinions, so we recommend consulting a local attorney to review your specific circumstances and documents.

According to Missouri law (MO Stat. § 511.760), a foreign judgment can be registered in this state if done within the time allowed for bringing an action on that judgment. A verified petition for registration must include a copy of the judgment, the date it was entered, and any subsequent entries affecting it. The court will notify the original court of the registration application.

If the judgment is registered and the judgment debtor does not respond within thirty days, the registered judgment becomes a final judgment in this state. Defenses or counterclaims can be raised in response to the foreign judgment within specified time frames after registration.

Finally, if the original judgment has expired, it may impact the ability to register and enforce the foreign judgment. Therefore, it is crucial to seek legal advice tailored to your situation.

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 enforcement of foreign judgment?

Enforcement of a foreign judgment refers to the legal process of recognizing and executing a judgment issued by a court in another jurisdiction. This process typically involves registering the foreign judgment in the state where enforcement is sought. Once registered, the judgment can be enforced as if it were a local judgment, provided it complies with state laws. In Missouri, for instance, this requires adherence to specific statutes, such as filing a verified petition (MO Stat. § 511.760).

What does it mean to domesticate a foreign judgment?

To domesticate a foreign judgment means to convert it into a judgment that is enforceable in a different jurisdiction. This involves registering the judgment in the state where enforcement is desired, following the local legal requirements. In Missouri, this process includes submitting a verified petition along with the original judgment and relevant details (MO Stat. § 511.760). Once domesticated, the judgment can be enforced like any local judgment.

Will a judgment follow me to another state?

A judgment can follow you to another state, but it must be registered or domesticated in that state for enforcement. Each state has its own laws regarding the recognition of out-of-state judgments. In Missouri, for example, a foreign judgment can be registered within a specific time frame to be enforceable (MO Stat. § 511.760). It is essential to understand the laws of the state you move to regarding this process.

Is a foreign court judgment enforceable in the US?

Yes, a foreign court judgment can be enforceable in the U.S., but it typically requires domestication or registration in the state where enforcement is sought. The enforceability depends on whether the judgment meets the legal standards of that state, including compliance with local laws and the absence of any defenses against enforcement. States like Missouri have specific statutes governing this process (MO Stat. § 511.760).

Which states have not adopted the Uniform Enforcement of Foreign Judgments Act?

Can a foreign court's decision be enforced in the US?

Yes, a foreign court's decision can be enforced in the U.S. after it is registered or domesticated in the relevant state. The enforcement process varies by state and may require compliance with local laws. In Missouri, for example, you must follow specific procedures to register a foreign judgment for it to be enforceable (MO Stat. § 511.760).

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