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"sister state judgments" or "foreign judgments"

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D

Dartannion

Guest
Hello,

When you find a debtor in another
state whom you'd like to pursue,
how do you get around the time
period the state mandates with
regard to the time one must wait
before filing any type of execution
from the time you file the "foreign
judgment" or "sister judgment" i.e.
10 days, 20 days or 30 days, etc.?

Example:
California has a 30 day wait period

My worry...the debtor will, once they
receive the mandatory notification
from the court of the sister state
that is, remove the money from their
accounts during the wait period.

How do you get around this?

- STeven Barta
 
Last edited:


I AM ALWAYS LIABLE

Senior Member
Dartannion said:
Hello,

When you find a debtor in another
state whom you'd like to pursue,
how do you get around the time
period the state mandates with
regard to the time one must wait
before filing any type of execution
from the time you file the "foreign
judgment" or "sister judgment" i.e.
10 days, 20 days or 30 days, etc.?

Example:
California has a 30 day wait period

My worry...the debtor will, once they
receive the mandatory notification
from the court of the sister state
that is, remove the money from their
accounts during the wait period.

How do you get around this?

- STeven Barta
My response:

You can't get around the "wait period." Each Sister State follows the laws of the Forum State; i.e., the laws of the State where the judgment was entered.

Yes, the debtor will undoubtedly be notified of the judgment, but it will take you longer than the 30 days anyway to have the judgment "domesticated" by the Sister State. In other words, you can't merely receive your judgment in California, and then try to execute it in some other State. You must first have that "other" State recognize your judgment, and then execute it in that State.

IAAL
 

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