How Attorneys Collect Foreign Judgments Across State Lines:
When a debtor or assets are discovered in another state, collection attorneys must take extra steps to enforce a foreign judgment in that st
Debtors often move across state lines. A judgment in one state is virtually unenforceable if the debtor does not hold property there or is not working there. When a debtor or assets are discovered in another state, collection attorneys must take extra steps to enforce a foreign judgment in that state.
The United States Constitution requires that states give “full faith and credit” to the laws and court judgments of other states. Most states have therefore enacted laws that provide the procedure for enforcing an out-of-state judgment. However, the process varies widely from state to state. Thus, it is important to team with a qualified local attorney.
Louisiana Enforcement of Foreign Judgments Act:
To make an out-of-state judgment executory in Louisiana, La. R.S. 13:4242 requires that a creditor file an ex parte petition with an authenticated copy of the foreign judgment annexed to the petition. Different states refer to these authenticated judgments by different terms. It is common to see the terms “Act of Congress Judgment,” “Exemplified Judgment,” and “Triple Seal Judgment” used interchangeably.
Certain notice requirements also must be followed per La. R.S. 13:4243. The creditor must file an affidavit that includes the name and addresses of the debtor and creditor. The clerk of court then must send notice of the filing to the debtor by certified mail. It is also wise for the creditor to also mail notice to the debtor and file a certificate to that effect. Failure to mail notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
