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Judgments Out of Reach: Domesticating a Foreign Judgment
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Posted On :
Jun-18-2009
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Article Word Count :
526
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In collection cases, there is a solution for a creditor who would like to enforce a judgment in Texas that has become final in another state or the state where the debtor resides and where his assets are.
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In collection cases, there is a solution for a creditor who would like to enforce a judgment in Texas that has become final in another state or the state where the debtor resides and where his assets are. A creditor only needs to "domesticate" a foreign judgment to one of the courts of Texas by virtue of the Uniform Enforcement of Foreign Judgments Act or the UEFJA. Foreign judgment here means judgments that have been issued by other states, territories or federal courts in the United States.
Texas adopted UEFJA that allows a creditor to bring to the soils of Texas a judgment that has become final in another state, say in California, and perfect the same in Texas as though the judgment of the California court has been issued by the court of Texas.
Why domesticate?
Creditor is moving - There is this job offer that is hard to resist. The only catch is if hired, an employee must relocate to Texas. Should a creditor's pending collection case filed in California stop him from taking the offer? With the EFJA, the answer to this career question is easy: accept the job offer, move to Texas and domesticate the foreign judgment (from California) if and when the collection case filed receives favorable judgment.
Creditor’s assets are domestic - Domesticating a foreign judgment is also an option for a judgment creditor who just recently learned that a judgment debtor from California has assets in Texas that can be collected.
Practical and process is easy - Domesticating a foreign judgment is less costly as compared to when a judgment creditor who lives in Texas would enforce a judgment in another state. A judgment creditor can save from transportation costs and other hassles that are expected of long-distance cases. Once the procedure for domesticating a foreign judgment has been perfected, a judgment creditor only has to wait for thirty (30) days; thereafter, a creditor can then use all legal remedies available to process collection.
Procedures in domesticating a foreign judgment
A judgment creditor has to secure an authenticated copy of the foreign judgment and prepare an Affidavit that states his intentions of domesticating the subject judgment to a court in Texas. In the affidavit, the judgment creditor has to make sure that the right parties to the case are mentioned in the affidavit, including the parties' addresses and that of their attorneys. After which, the creditor has to file the Affidavit (with the foreign judgment attached as an Annex) in the court of Texas or the court where the enforcement is sought. The creditor must furnish judgment debtor a copy of the Affidavit.
Domesticating a foreign judgment is like having a home court advantage: you have all the resources, contacts and even time to process the collection. If you're still unsure how domesticating a foreign judgment can help you with your collection cases, you can anytime contact an attorney in Texas who could explain to you the entire process, the costs and time frame of the legal procedure and how you could benefit from it.
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Article Source :
http://www.articleseen.com/Article_Judgments Out of Reach: Domesticating a Foreign Judgment_1190.aspx
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Author Resource :
About the Author:
Joe Cline writes articles for austin law firm. Other articles written by the author related to the cronfel firm can be found on the net.
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Keywords :
the cronfel firm, austin law firm,
Category :
Society
:
Society
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