Sometimes it’s an evasion tactic and sometimes it’s simply circumstances; for whatever reason, it is possible to lose track of a debtor even if you have a Final Judgment in-hand. If they have crossed state lines, you have two means of obtaining the amount you’re owed:
- Uniform Enforcement of Foreign Judgments Act;
- Full Faith and Credit Clause
These tools are a two-fold measure of insurance that the debt you are owed gets paid, no matter what.
The clause is part of the U. S. Constitution. It upholds the validity of a judgment reached in another state and ensures that right is made available to creditors. The act gives you a way to properly register and track the progress of your judgment in another state.
Out-of-state judgments are called foreign judgments. When resolving a foreign judgment, hire an attorney right away. They can properly register it with the Texas Court System. They do this by domesticating the judgment in the jurisdiction where you want the judgment to be enforced. What that means is a Clerk in the appropriate Texas County Courthouse attaches a certificate that proves the Order of Judgment is genuine.
Its authenticity will be shown by three signatures; one from the presiding judge and two from the Clerk of Court. The exemplified copy of your judgment will be sent to another jurisdiction. Specifically; it will be sent to the Clerk’s Office in the state and locality of the debtor. In the absence of a debtor, it will be sent to the state and locality of his/her assets (i.e. property). From there, the Clerk will enforce your judgment to the full extent of the law, as if it were rendered in their jurisdiction.
Find out what filing, assistance fees, and deadlines apply in the debtor’s home state. In a process this complex, always avoid surprises.
What Am I Required to Do If I Have A Judgement Against Someone?
You are required to send the debtor a notice that you are “docketing” (enforcing) the order in another state. Once the order is registered within the new state’s court system, you can use any enforceable means to fulfill it.
This includes collection remedies such as:
- Asset discovery
- Garnishment
- Levies and property liens
Your judgment can move from registration to collections status in a matter of weeks.
Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas knows all of the outcomes involved in foreign judgments. They can pursue collection matters on your behalf.