Page 178 - Judgment Enforce Course_Neat
P. 178

Judgment Enforcement – The Step-by-Step Course





                                          7.  Oh, No!  My JD moved to another state!

                       There are three instances when you may want to move a judgment from its original
                    state.

                                   ➢     The debtor moves out of your state and has assets.
                                   ➢     The debtor moves to your state from another state and has assets.

                                   ➢     The debtor is in your state, but the assets are in another state


                                       All states are required by the constitution to give full faith and credit to
                    the laws of the other states. That means that other states will accept your judgment, along
                    with the interest that has accrued up to this point. But the judgment has to first be
                    domesticated as a Sister-State action (sometimes  called a “foreign judgment”), and the
                    debtor has to be noticed (served with the new state judgment). To domesticate a judgment
                    costs between $7 and $450, depending on the state and the amount of money in the case.

                    And the rules for domesticating judgments are a bit different in each state.  (Note: In NY,
                    and CT a hearing is required in domesticating a judgment if the judgment was a default
                    judgment)
                       Note: Sometimes the JD moved, but the assets are still here – home, car, bank,
                    something else. It may not be necessary to move the judgment, then. You want the
                    judgment to be where the assets are. Then they can be seized.


                     Okay, so what do it do?

                        When your debtor moves out of state, you may want to return the judgment unless the
                     debtor has assets in that state, such as real property, or if you think the JD has a bank
                     account at a national bank. If in your research you discover that the debtor has a job or

                     property, then it may well be “domesticating” the judgment into the other state.
                       IMPORTANT NOTE: Remember, we can levy bank account across state lines IF it’s a
                         national bank, such as Wells Fargo, B of A, Chase etc. Then we apply for a writ as

                         usual and levy. But if it’s a local bank – say, you’re in PA and the JD’s new account
                               st
                         is at 1  Fargo Bank in North Dakota, then you can’t levy from where you are.
                       Again: Some states use the term “sister-state judgment” and other states say “foreign
                    judgment.”






                                                                                               178 | P a g e
   173   174   175   176   177   178   179   180   181   182   183