Legal Question in Credit and Debt Law in Connecticut

Foreign Judgment Domestication

Hello,

I have a quick question.

Let's say for example, I won a judgment here in Connecticut. However, since the time I won my judgment, the debtor moved to North Carolina. Now I know I could file a lawsuit as a so called ''sister lawsuit'' in any state. However, what I'm not clear on is, is it true I have to inform the debtor based on a certain time frame before I could say grab his bank account?

If so, how could I protect myself from the debtor removing their money from their account during this waiting period?

Thank you.


Asked on 3/14/02, 3:37 am

1 Answer from Attorneys
Thomas Luz Pearce & Luz LLP

Re: Foreign Judgment Domestication

The short answer is, you can't.

Judgment enforcement is a cat-and-mouse game, played according to the rules of the state in which the asset you're seeking to seize resides.

In your example, you can execute against the debtor's assets in Connecticut according to the rules of Connecticut. To proceed in North Carolina, you need to enter the judgment in North Carolina (a ministerial procedure, not a separate lawsuit)and follow North Carolina's rules.

The trick is always in locating the assets and grabbing them before the debtor moves them.

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Answered on 3/14/02, 9:19 am


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