state to state judgments

[Shyenne]

Posted this on another thread but got no reply.... how do I find out state laws regarding judgments? Specifically, if a judgment is won in one state, for a debt in that state, how do I find out if another state (if I move to a new state) will accept the judgment or do they have to get a new judgment in the new state of the debtor?

[wert]

The judgement is against you where you were at a certain time.

Moving to another state doesn't chase the judgement away. If that was the case, people would be moving all the time to get away from judgements.

You're stuck with it no matter where you go!

[Shyenne]

But someone else on the board said in another thread that some states don't accept judgments from other states and that they would have to file for a new one in the new state. Is this incorrect?

[LadynRed]

The judgment in the original state would stand, that is true. However, if you move to another state, it cannot be enforced without first domesticating that judgment to your new state. Basically they file a motion to enter the foreign judgment in your new state. Some states do NOT allow DEFAULT foreign judgments to be domesticated.

Check your state statutes, Codes of Civil Procedure is what you're looking for. Do a Google search on 'xxxxx (your state name) statutes' and you should find them. Most of them are searchable in one way or another and all you do is look for the section I mentioned or do a search for 'foreign judgments'.

If you'l like, I can search it for you - have to have your location

[Shyenne]

Thank you Lady in Red. This is what I found for California (where I'm moving next month):

1713.5. (a) The foreign judgment shall not be refused recognition

for lack of personal jurisdiction if

(1) The defendant was served personally in the foreign state;

(2) The defendant voluntarily appeared in the proceedings, other

than for the purpose of protecting property seized or threatened with

seizure in the proceedings or of contesting the jurisdiction of the

court over him;

(3) The defendant prior to the commencement of the proceedings had

agreed to submit to the jurisdiction of the foreign court with

respect to the subject matter involved;

(4) The defendant was domiciled in the foreign state when the

proceedings were instituted, or, being a body corporate had its

principal place of business, was incorporated, or had otherwise

acquired corporate status, in the foreign state;

(5) The defendant had a business office in the foreign state and

the proceedings in the foreign court involved a cause of action

arising out of business done by the defendant through that office in

the foreign state; or

(6) The defendant operated a motor vehicle or airplane in the

foreign state and the proceedings involved a cause of action arising

out of such operation.

( The courts of this state may recognize other bases of

jurisdiction.

If I'm reading it right, and have indeed found the right info here, this means they have to serve the summons to me in TN BEFORE I move in order for it to be accepted in CA. If they don't serve the summons until after I move to CA (which they can't unless they find me in CA first) they have to start over... is this right or am I misunderstanding the legal jargon?

[Edit by Shyenne on Friday, April 18, 2003 @ 08:39 AM]

[Edit by Shyenne on Friday, April 18, 2003 @ 08:40 AM]

[Shyenne]

By the way, if anyone knows... how long after they decide to sue is it before you can expect to get a summons delivered?

[LadynRed]

Depends on state laws. They differ on how soon a summons must be served. I've seen some as long as 90 days, others as short as 10 and I've not read them all.

[calawyer]

Under the statute you cited, you would have to be served, appear in the case, and they would have to get a judgment before it would be recognized in California.

[Shyenne]

thanks guys!