A judgment is a court decision rendered in a civil case. Oftentimes, judgments involve financial awards. Enforcing such judgments essentially means collecting what is owed. And in some cases, doing so involves a legal process known as ‘domestication’.
Domestication is easy enough to understand. It amounts to recording the judgment in a secondary jurisdiction. For example, imagine a money judgment awarded in Salt Lake County, UT. Perhaps the judgment debtor owns property in neighboring Utah County.
If the judgment creditor wants to go after that property with a writ of execution, he must first domesticate the judgment in Utah County. He would have to file a copy of the original judgment with the Utah County court clerk. Once the judgment is officially recorded, it has been domesticated. Now the creditor can ask for a writ of execution.
Domestication Is Procedural
Domestication involving two counties in the same state is largely procedural. Counties are reciprocal in the sense that they are compelled to honor each other’s judgments. Except under extreme circumstances, one county needs to record a judgment rendered elsewhere so that a creditor can pursue enforcement actions in that county.
The same holds true when domesticating a U.S.-based judgment in a different state. The same creditor looking to go after property in Utah could also domesticate the original judgment in Maricopa County, AZ.
Salt Lake City’s Judgment Collectors, a specialized judgment collection agency, explains that the Uniform Enforcement of Foreign Judgments Act (UEFJA) makes all this possible. Most states have adopted the legislation. But there are some exceptions.
When UEFJA Is Not Recognized
California is among a small number of states that do not recognize UEFJA. This does not mean that judgments from other states cannot be domesticated there. It simply means that the Golden State requires more than just recording the original judgment in a California county.
California requires the judgment creditor to file what is known as a full domestication lawsuit. In essence, the creditor needs to go back to court to prove both the validity of the original judgment and the necessity of domesticating it in California. If the California court rules against the creditor, that’s it.
Domesticating Foreign Judgments
Domesticating U.S.-based money judgments in other U.S. jurisdictions tends to be pretty straightforward. Rarely do creditors run into roadblocks. But what about foreign judgments? Would it be possible, for example, to domesticate a Canadian money judgement in a U.S. jurisdiction? In a word, yes.
Domesticating a foreign judgment is a bit more complicated. Nonetheless, it is usually possible. A creditor would domesticate such a judgment in a U.S. jurisdiction where the debtor owns property or other nonexempt assets. Here is what most cases require of the creditor:
- A certified copy of the original judgment
- A certified English translation of the judgment (if necessary)
- Proof that the foreign judgment is final, conclusive, and enforceable
- Proof that the foreign judgment was entered with due process
- Proof that the foreign court had jurisdiction over the matter at hand
- Proof of compliance with any specific procedural rules for service and notice
In short, a judgment creditor must prove that a legitimate judgment exists and that everything surrounding it has been done in accordance with the law. As long as he can prove all of that, a U.S. court will record the foreign judgment. The creditor can then begin enforcement efforts.
Domestication is necessary because judgment debtors often have assets scattered outside of the jurisdiction of the original award. It is fortunate for creditors that domestication is possible.
