Legal Question in Civil Litigation in New Jersey
Foreign judgment
I won a foreign judgment in fl. I don't know how to collect i live in new jersey
2 Answers from Attorneys
Re: Foreign judgment
Where does the person live? If in FL, you should contact a FL attorney to help you.
Re: Foreign judgment
The first step is usually to let the defendant know of the judgment. Sometimes they will pay without the necessity for collection procedures. If that doesn't work or if you think that it would be pointless, then you will need the help of the court to collect.
Every State is a little different. You will need to determine where the judgement debtor (formerly the defendant) has assets that can be reached. Every State is obligated under the Constitution to honor the Florida judgment but that doesn't mean that it happens automatically. In New Jersey, the procedure is to file another suit for the sole purpose of docketing the FL judgement. Having done that, you can use any of the means of collection permitted in New Jersey. Similar procedures exist in the other States.
Depending on the type of debt underlying the judgment, you may be able to have the additional costs added to the judgment. No doubt you have noticed that commercial credit contract always provide for collection costs to be recoverable for example.
See also: http://info.corbettlaw.net/lawguru.htm
Related Questions & Answers
-
Civil lawsiuts Are IRA's and 401k's protected against judgements? Asked 7/21/08, 12:09 am in United States New Jersey General Civil Litigation