Free How to File a Judgement Obtained from a Foreign Jurisdiction - New Jersey

HOW TO FILE A JUDGMENT OBTAINED FROM A FOREIGN JURISDICTION
(Superior Court of New Jersey - Judgment Unit) ________________________________________________________________________________ PURPOSE OF THIS PACKAGE This package provides instructions on how to record judgment obtained from a foreign jurisdiction in a New Jersey. The UniformEnforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25 et seq.) permits a judgment, decree, or order of the United States or any other Court which isentitled to full faith and of credit in this State to be f led with the Clerk of the Superior Court of New Jersey. Pursuant to Enron i (Thrace) Exploration & Production v. Clapp, 378 N.J.Super. 8 (App. Div. 2005), foreign country money judgments are enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit, provided that the provisions of the Uniform Foreign Country Money Judgments Recognition Act, N.J.S.A. 2A:49A- 16 to 24, are met. The Clerk shall treat the foreign judgm ent in the sam e m anner as a judgm ent of the Superior Court of this State. Upon recording, the Clerk will issue a notice to the defe dant providing 14 days during which the defendant n may file an objection to the judgment. No execution of process can occur during that 14-day period. Any questions concerning the filing of foreign judgments should be directed to the Judgment Unit of the Superior Court Clerk's Office at (609) 292-4804 or 4805. Note: These materials have been prepared by the Ne Jersey Administrative Office of the Courts. The w guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site (www.njcourtsonline.com). However, you are ultim ately responsible for the content of your court papers. SEND YOUR COMPLETED DOCUMENTS TO: Superior Court Clerk's Office Judgment Unit P.O. Box 971 Trenton, NJ 08625
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The numbered steps listed below outlines the steps you will need to take to have a foreign judgment docketed with the New Jersey Superior Court. The accompanying affidavit must be typed or printed clearly on 8 1/2 x 11" white paper only. STEP 1: OBTAIN AN EXEMPLIFIED (AUTHENTICATED) COPY OF THE FOREIGN JUDGMENT WITH THE SEAL OF THE ISSUING COURT AFFIXED THERETO. STEP 2: ATTACH AN AFFIDAVIT FROM THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S LAWYER (Form A). The affidavit must set forth: A. B. C. D. The name and last known address of the creditor; The name and last known address of the debtor; The date and amount of the judgment; Whether the time to appeal the foreign judgment has expired in the court of origin; Whether the court of origin has granted a stay; and Whether or not the foreign judgment was entered by default. If the foreign judgment was entered by default, the affidavit must indicate the date under the rules of the court of origin for vacating the default with a copy of the cited court rule. Note: Pursuant to New Jersey Court Rule1:4-4(b) a certification may be used in lieu of the affidavit. Note. Form A is a sample affidavit for informational purposes. Affiants are responsible that all statements in supporting affidavits are true and accurate. STEP 3: MAKE A CHECK OR MONEY ORDER PAYABLE TO CLERK OF THE SUPERIOR COURT IN THE AMOUNT OF $35.00. This is the fee for filing your papers. STEP 4: MAIL OR DELIVER THE DOCUMENTS TO THE NEW JERSEY SUPERIOR COURT CLERK'S OFFICE. You may mail or deliver the original and two copies of the foreign judgment, the affidavit, and the filing fee to the clerk's office in person or you may mail them. The Clerk's office is located at: R.J. Hughes Justice Complex 6th Floor North Wing Trenton, New Jersey 08626 The mailing address for the Clerk's address is on the front of this guide. If you mail the papers, we recommend that you use certified mail, return receipt requested.

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F0RM A AFFIDAVIT IN SUPPORT OF APPLICATION TO RECORD A FOREIGN JUDGMENT IN NEW JERSEY

I, ________________________, of full age, being duly sworn according to law, upon my oath hereby depose and say: (Enter required information; use additional paper, if necessary) 1. I am the [judgment creditor] [attorney for the judgment creditor] in a lawsuit

captioned ____________________, plaintiff, v. _________________, defendant in the _______________________________________(name of court) of the State [Commonwealth] of ____________________________(name of state or commonwealth) and am seeking to record (docket) said judgment in the State of New Jersey. 2. Attached to this affidavit is an authenticated (exemplified) copy of the judgment

from the State [Commonwealth] of _________________________(name of state entering judgment) wherein judgment was entered against _______________________ (judgment debtor's name) in the amount of $ __________________ (dollar amount) on ___________________ (date entered). 3. The judgment creditor's name is ___________________________(name of the

creditor) and resides [is located] at _______________________________________________ (street and street number, city and state of the creditor). 4. The judgment debtor is known to me as ______________________ (debtor's

name) and was last known to reside [be located] at ____________________________ (street name and number) in the [City][Township][Borough] of ______________________ (name of city, town or borough), County of __________________ (name of county) and State of New Jersey.

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5.

The time to appeal the judgment in the State [Commonwealth] of

_______________________________ (name of foreign state) has expired. 6. The courts of the State [Commonwealth] of __________________________

(name of foreign state) have not granted a stay of execution of said judgment. 7. The foreign judgment [was][was not] entered by default. (If the foreign judgment was entered by default, cite the court rule for vacating defaults and attach a copy of the cited court rule). If judgment by default, then add: Under the relevant statutes and rules of court, the date for vacating the default expired on _______________________(insert date) without the judgment debtor moving to vacate the same.

____________________________________ Signature of judgment creditor or judgment creditor's attorney Sworn and subscribed before me on this ________ day of____________, 20 ______. __________________________ Signature of Notary Public My commission expires on ____________ [seal]

BEFORE FILING, BE SURE TO REMOVE THIS SENTENCE FROM THE DOCUMENT AS WELL AS THE DESCRIPTIVE INSTRUCTIONS INCLUDED IN BRACKETS.

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