FOREIGN JUDGMENTS
In Arizona, judgments
entered in other states are known as "foreign" judgments. Foreign
judgments are subject to Arizona's four (4) year statute of limitations.
Judgments younger than four (4) years may be enforced through the
Revised Uniform Enforcement of Foreign Judgments Act. Judgments older
than four (4) years may also be enforced, but the method is more
difficult, complex and complicated.
The
Commercial Law League Operative Guide applies to certain commercial claims
forwarded-to/received-by us. We accept foreign judgment
claims on a contingent or hourly fee basis. In most cases, a nominal
suit fee
is required to domesticate a foreign judgment.
A "commission" is a
contingent fee. Commissions are due and payable when a recovery is made.
Commissions compensate for the work performed and the success of recovery.
Commissions take into consideration the amount involved and the results
obtained. A contingent fee involves risk and uncertainty apart from the
amount of work performed. Commissions may be withheld from a recovery. The commission rate may be
negotiated. When evaluating the commission rate we consider the
degree of collectibility of the judgment. We consider such factors
as:
-
What is the size of the
judgment;
-
How old is the judgment;
-
What is the reason for
non-payment;
-
Where is the debtor
located;
-
What is the debtor's
composition (individual, corporation, LLC, etc.).
To domesticate a foreign
judgment so that it may be enforced through the Revised Uniform Enforcement of
Foreign Judgments Act, an "exemplified"
copy of the judgment is required. An "exemplified"
copy is not merely a "certified" copy. An
exemplification
involves a certification by both the Clerk of the court
(where the judgment was rendered) and the presiding judicial officer of
that Court.
Once a foreign judgment is
properly domesticated, there is a waiting period before efforts to enforce
the judgment may begin. Beware of forms downloaded from other sites
for the purpose of registering a foreign judgment. We have seen a
form offered on another site which refers to a certified copy, not
an exemplified copy for domestication purposes. If a foreign
judgment is not properly domesticated it creates potential defenses and
may lead to a waste of time and money.
There are a number of ways
in which to enforce a properly domesticated foreign judgment such as bank
account garnishment, wage garnishment, levy and execution by the Sheriff,
debtor's examination (supplemental proceeding) and imposing a lien on real
property.
For a
FREE
evaluation of your foreign judgment, or to forward a foreign judgment
claim, contact us by e-mail, "snailmail" or telephone
or download and send a
Claim Form. |
