Have you recovered a judgment in your state or country with the help of your debt collection attorney, then discovered that the judgment-debtor also has assets in New York? If you want to attach the debtor’s New York assets, the judgment must also be registered in New York.
How do you domesticate a foreign sister state judgment or foreign country judgment in New York.
But how?
How to Domesticate a Foreign Sister State Judgment in New York
To domesticate a foreign sister state judgment in New York, the process is straightforward. But the Court can be unpredictable. Speed and precision are crucially important so you can be in a position to levy upon the judgment-debtor’s assets and start collecting money.
Our experienced New York collection attorneys can help you domesticate a foreign sister state judgment in New York. Then, if you authorize it, we can enforce the judgment without delay.
What you need to domesticate foreign sister state court judgments in New York depends on how the foreign sister state judgment was obtained:
Foreign Sister State Judgment Obtained on the Merits of the Case
Domesticating a foreign sister state judgment in New York that was obtained on the merits requires an exemplified copy of the out-of-state judgment, a clearly and carefully worded Affidavit drafted by your New York debt collection attorney, and payment of the requisite court costs.
Foreign Sister State Judgment Obtained by Default or Consent
New York will not give full faith and credit to judgments obtained in another state by default (defendant failed to appear) or by consent (defendant confession).
Suit must be brought on the judgment in New York. (In case of default, your attorney may also recommend that a separate cause of, action be brought against the debtor based on the merits of the case) (For a more thorough discussion of this topic, please see our blog).
How to Domesticate a Foreign Country Judgment in New York
New York State offers committee to foreign country judgments. Since there is no registration process, a lawsuit must be commenced on the judgment.
The creditor of the foreign country judgment must satisfy two mandatory requirements for the New York court to recognize the judgment. First, the creditor must establish that the judgment was rendered under a system which provides impartial tribunals and procedures compatible with the requirements of due process of law. Second, the creditor must establish that the foreign court had jurisdiction over the defendant.
For a free consultation to get help with domesticating a foreign sister state judgment or foreign country judgment in New York, call Frank, Frank, Goldstein & Nager, P.C. at (212) 686-0100 and speak to New York debt collection attorney Jocelyn Ruth Nager, President and Managing Partner.
[Foreign judgement]