Legal Question in Family Law in Tennessee
Foreign Decree ???
A judgment is awarded to plaintiff in one state, but defendant lives in TN. Now, told by Judge in TN a Foreign Decree needs to be filed. Does this case get re-litigated again in TN, as it had been going on for 2 years in LA?
Asked on 10/24/01, 5:13 pm
1 Answer from Attorneys
Nick Pizzolatto, Jr.
Pizzolatto Law Office
Re: Foreign Decree ???
If the LA judgment is valid under LA law, then TN should recognize it under the full faith and credit clause of the constitution. A petition to recognize a foreign judgment should be filed in TN and the defendant served. Unless he has a legitimate defense, and there are only a few such defenses, then your LA J will be made a J of TN and you can execute on it. There is no re-litigation of the case.
Answered on 11/25/01, 11:12 am
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