Looking to domesticate an out-of-state default judgment in New York? If so, then you will need to know the judgment debtor’s address in order to serve them as per New York state rules.
Service is necessary in order to domesticate a judgment in New York. New York does not recognize out-of-state default judgments. New York offers full faith and credit only to judgments obtained on the merits. It does not recognize judgments awarded because the judgment debtor failed to appear.
To domesticate an out-of-state default judgment in New York, you will need to sue. The New York suit is based on the out-of-state judgment. The merits of the case are not the subject of the action, just the out-of-state judgment itself.
You can proceed by summary judgment instead of complaint or summons and complaint. Regardless the option you chose, you can not domesticate the default judgment in New York unless you serve the judgment debtor.
Serving a Judgment Debtor
In an action to sue against an out-of-state default judgment, service is rarely discussed. But, as with any litigation, serving an out-of-state judgment debtor can be challenging. New York Civil Practice Law and Rules details what institutes good and proper service in New York There are times when we are unable to serve the individual. The CPLR provides for alternate means, which are more labor-intensive and require a court order.
Although your judgment debtor may reside outside of New York, the service in the New York action must conform with New York State law as detailed by the CPLR. (State, federal, and local laws and rules will apply for consumer claims.)
You should serve individual judgment debtors at their usual place of residence.
In a perfect world, the process server would go to the debtor’s home and hand them the summons. Since that’s not always the case, the statute allows for substituted service—serving a person of suitable age and discretion. If after a few attempts, no service can be made, the summons and complaint or other pleading can be left at the door—what’s known as “nail and mail.”
The statute specifically provides who may be served as an agent for the entity when it comes to the service of corporations and other legal entities. In order to obtain a judgment in New York, the court will want to ensure proper service of process. This applies to both the out-of-state and New York proceedings.
If you are looking to domesticate an out-of-state judgment in New York, contact Frank, Frank, Goldstein and Nager for a consultation.
