Understanding Foreign Judgment: Legal Definition and Implications

Definition & Meaning

A foreign judgment refers to a court decision made in one jurisdiction that is recognized and enforced in another jurisdiction. The 1964 Foreign Judgment Act enables states to enforce these judgments without the need for additional litigation. However, there are specific procedures and requirements that must be followed to ensure proper enforcement.

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Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A business in California wins a judgment against a debtor who now resides in Texas. To enforce this judgment in Texas, the creditor must file the judgment with a Texas court and follow the state's procedures for enforcement.

State-by-state differences

State Filing Deadline Stay Request Period
California 30 days 30 days
Texas 30 days 30 days
New York 60 days 60 days

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Difference
Domestic Judgment A judgment made within the same jurisdiction as the enforcement. Foreign judgments are from other jurisdictions, while domestic judgments are local.
Default Judgment A judgment granted when a party fails to respond to a lawsuit. Foreign judgments can be default judgments but are specifically recognized across state lines.

What to do if this term applies to you

If you have a foreign judgment that you need to enforce, start by researching the specific requirements in the state where you wish to file. You may find it helpful to use legal form templates from US Legal Forms to assist with the filing process. If your situation is complex or if you face challenges, consider consulting a legal professional for personalized guidance.

Quick facts

  • Typical filing deadline: 30 to 60 days, depending on the state.
  • Possible grounds for denial: pending appeals, fraud, lack of jurisdiction.
  • Timeframe for enforcement: Generally, enforcement can begin 10 days after filing.

Key takeaways

Frequently asked questions

A foreign judgment is a court decision made in one jurisdiction that is to be recognized and enforced in another jurisdiction.