If you are owed money by an individual or business outside of the state of New Jersey, and you successfully obtained a judgment against the debtor in another jurisdiction, that judgment is entitled to “full faith and credit” in New Jersey, but you must take specific steps to “docket” the judgment in New Jersey. If you properly docket the judgment, it will be treated in a manner similar to a judgment of the Superior Court. Here are the requirements:
- Get an authenticated copy of the foreign judgment, one that has the official seal of the issuing court on the judgment
- Prepare an affidavit, either from your or your attorney, which lays out the following information:
- Your name and address
- The debtor’s last known name and address
- The date and amount of the judgment
- Whether the appeal period in the court of original jurisdiction has expired
- Whether the court of original jurisdiction has issued a stay of any proceedings
- Whether the foreign judgment was obtained by default. If so, you must include the date by which the debtor must seek to vacate the judgment, along with a copy of the rule showing the date.
- Pay the required filing fee
- Transmit a copy of the foreign judgment and the affidavit to the New Jersey Superior Court Clerk’s office.
Once the foreign judgment is “docketed,” it becomes a lien against any real estate owned by the debtor in the state of New Jersey. In addition, the creditor may ask the court to issue a writ of execution on assets or to issue subpoenas and orders for discovery.
Contact the Law Offices of Howard N. Sobel
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