Do I need to a process server to serve a foreign judgment once filed?

[tbonesays]

What is the name of your state? Michigan

I have a judgment against a corporation based in Michigan. To file the judgment in Michigan I made several calls to the courthouse of the county that corp is located in. The clerk had me file an "Affidavit and Notice of Entry of Foreign Judgment" along with a certified copy of the judgment from my state (AZ). So far so good. I called again to confirm that it had been filed properly. The clerk on the phone said yes but then made a vague remark about hiring a process server in Michigan to serve the judgment on the corp.

What? The forms say that the MI court will mail it to the corp/judgment debtor after it has been filed to their MI address. And of course, the Corp of course already knew the judgment had been entered against them in AZ. But most importantly I cannot find a MI law or court rule that says a process server is required to formally serve something the corp already has.

I'm looking at
http://www.legislature.mi.gov/(S(zmlky1itzrdmltxkmabeq2gg))/mileg.aspx?page=getObject&objectName=mcl-691-1174
(3) Promptly after the foreign judgment and the affidavit have been filed, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address provided by the judgment creditor or his or her attorney. The notice shall include the name and address of the judgment creditor and the judgment creditor's attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The clerk's failure to mail a notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.


So, does anyone know about the ins and outs of Michigan judgment law? Do I need to send a process server to their corporation agent to hand them something they already got in the mail?

 

[zddoodah]

Unless one of the regulars here is a Michigan lawyer, you're not likely to get what you need here. In my state, which is neither MI nor AZ, once the domestication papers are filed with the court, it is the responsibility of the judgment creditor to have them served on the debtor.

That being said, I wouldn't concern myself with a "vague remark" made by a clerk since court clerks are not experts (and, in most cases, are not even knowledgeable about) things of this sort.

 

[quincy]

What is the name of your state? Michigan

I have a judgment against a corporation based in Michigan. To file the judgment in Michigan I made several calls to the courthouse of the county that corp is located in. The clerk had me file an "Affidavit and Notice of Entry of Foreign Judgment" along with a certified copy of the judgment from my state (AZ). So far so good. I called again to confirm that it had been filed properly. The clerk on the phone said yes but then made a vague remark about hiring a process server in Michigan to serve the judgment on the corp.

What? The forms say that the MI court will mail it to the corp/judgment debtor after it has been filed to their MI address. And of course, the Corp of course already knew the judgment had been entered against them in AZ. But most importantly I cannot find a MI law or court rule that says a process server is required to formally serve something the corp already has.

I'm looking at
http://www.legislature.mi.gov/(S(zmlky1itzrdmltxkmabeq2gg))/mileg.aspx?page=getObject&objectName=mcl-691-1174
(3) Promptly after the foreign judgment and the affidavit have been filed, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address provided by the judgment creditor or his or her attorney. The notice shall include the name and address of the judgment creditor and the judgment creditor's attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The clerk's failure to mail a notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.


So, does anyone know about the ins and outs of Michigan judgment law? Do I need to send a process server to their corporation agent to hand them something they already got in the mail?

Did you comply with all of the requirements of Arizona’s Long Arm Statute? You first needed to follow your state’s rules for service of process before your Arizona judgment can be domesticated in Michigan.

 

[tbonesays]

Did you comply with all of the requirements of Arizona’s Long Arm Statute? You first needed to follow your state’s rules for service of process before your Arizona judgment can be domesticated in Michigan.

I don't think we have one. There is just a rule that says AZ will exercise personal jurisdiction whenever the person has minimum contacts. How would a Michigan Court know what AZ's requirements are anyway?

 

[quincy]

I don't think we have one. There is just a rule that says AZ will exercise personal jurisdiction whenever the person has minimum contacts. How would a Michigan Court know what AZ's requirements are anyway?

Was the judgment in Arizona a default judgment?

Generally in Michigan the court clerk will send notice of the filing of the domestication of the judgment to the judgment-debtor unless there was a problem with what was filed.

 

[zddoodah]

I don't see what the long arm statute has to do with anything. The OP got a judgment in Arizona. The OP didn't say whether it was a default judgment or if the case was fully adjudicated, but the fact that the court entered judgment indicates either that the court determined it had personal jurisdiction or the defendant didn't challenge jurisdiction.

Now that the OP has the Arizona judgment, he she simply need follow Michigan procedures to get it domesticated there. Of course, if it was a default judgment and the debtor contends that the AZ court lacked personal jurisdiction, it can fight domestication on that basis, but it's not a long arm statute issue.

 

[quincy]

I don't see what the long arm statute has to do with anything. The OP got a judgment in Arizona. The OP didn't say whether it was a default judgment or if the case was fully adjudicated, but the fact that the court entered judgment indicates either that the court determined it had personal jurisdiction or the defendant didn't challenge jurisdiction.

Now that the OP has the Arizona judgment, he she simply need follow Michigan procedures to get it domesticated there. Of course, if it was a default judgment and the debtor contends that the AZ court lacked personal jurisdiction, it can fight domestication on that basis, but it's not a long arm statute issue.

I want to know if he followed the proper procedures in Arizona. The fact that he was able to get a judgment does not tell me that.

To expand a bit: There are certain things that could make a judgment from another state voidable in Michigan. If tbone did not have jurisdiction over the Michigan corporation or if service of process in Arizona was defective are two of these things. There is also the possibility that the address for the corporation was incorrect.

However, the judgment-debtor has 21 days to object to the domestication of the judgment and tbone has not said how long it has been since he filed with the court clerk.

To answer the original question, there is no requirement that the plaintiff send notice to the defendant of the court filing. It is often recommended that the plaintiff mail a notice of the filing to the defendant, though, in case there is some reason the clerk fails do so.

 

[tbonesays]

@zddoodah Not default but a proper judgment. They advertised and did business in the state so jurisdiction was easy.

I have been told that they will be objecting to the lodging of the judgment in Michigan 'soon.' Their appeal in AZ is due, YIKES, tomorrow!

 

[zddoodah]

@zddoodah Not default but a proper judgment. They advertised and did business in the state so jurisdiction was easy.

I have been told that they will be objecting to the lodging of the judgment in Michigan 'soon.' Their appeal in AZ is due, YIKES, tomorrow!

If it wasn't a default judgment and the debtor submitted to the Arizona court's jurisdiction, then the long-arm statute isn't an issue. Whether the Michigan court will decline domestication of the Arizona judgment based on the filing of an appeal probably will depend on whether the debtor files a bond along with its appeal (which would be a great thing for you, as long as the judgment is affirmed on appeal).

 

[quincy]

Not default but a proper judgment. They advertised and did business in the state so jurisdiction was easy.

I have been told that they will be objecting to the lodging of the judgment in Michigan 'soon.' Their appeal in AZ is due, YIKES, tomorrow!

Thank you for the additional information. You would benefit from having an attorney assist with the appeal. It sounds as if you might have tried to domesticate the judgment in Michigan before the time to appeal the original judgment had passed.

 

[tbonesays]

Thank you for the additional information. You would benefit from having an attorney assist with the appeal. It sounds as if you might have tried to domesticate the judgment in Michigan before the time to appeal the original judgment had passed.

OMG is that a rule? Are you supposed to hold off on domestication until after the appeal?

 

[zddoodah]

OMG is that a rule? Are you supposed to hold off on domestication until after the appeal?

Not completely, but sort of:

"If the judgment debtor shows the circuit court, the district court, or a municipal court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered." MCL 691.1175(1).

 

[quincy]

OMG is that a rule? Are you supposed to hold off on domestication until after the appeal?

After you were successful with your suit in Arizona, how long did you wait before filing to domesticate your judgment in Michigan?

 

[tbonesays]

After you were successful with your suit in Arizona, how long did you wait before filing to domesticate your judgment in Michigan?

It took me a while to figure out what pieces to get in place, about 4 months.

 

[quincy]

It took me a while to figure out what pieces to get in place, about 4 months.

Did the debtor file a notice of appeal within 30 days of entry of your Arizona judgment?