What You Should Know About Enforcing Judgments in Another State: The Uniform Enforcement of Foreign Judgments Act
What You Should Know About Enforcing Judgments in Another State: The Uniform Enforcement of Foreign Judgments Act
You’ve gone to court, and the judge or jury ruled in your favor and awarded you money. But the defendant, who lives in another state and holds their assets there, refuses to comply with the order and pay up. What next? How do you get your money?
What Does Full Faith and Credit Mean?
Fortunately, under Article IV, section 1 of the U.S. Constitution, a court ruling or judgment in one state is entitled to “full faith and credit” in every other state in the U.S.:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
This means that a judgment awarded in Louisiana, for example, is enforceable in every other state.
What is The Uniform Enforcement of Foreign Judgments Act?
To make the collection of judgments in other states easier, Louisiana and Texas have both passed a form of uniform law similar to those in most states in the U.S. The Uniform Enforcement of Foreign Judgments Act (UEFJA) simplifies collection procedures across state lines. The Texas UEFJA governs the domestication of foreign judgments in Texas, while the Louisiana UEFJA does the same in Louisiana.
Each UEFJA sets forth procedures for your attorney to take a judgment from a federal or state court in another state and enforce it in Texas or Louisiana. This is referred to as “domesticating” a judgment. Your attorney can also use this process to domesticate a judgment you received in a Texas or Louisiana court in another state. California and Vermont are the only states that haven’t passed a version of the UEFJA.
Should I Hire an Attorney
Yes! If you’ve obtained a judgment that you need to enforce in Texas, Louisiana, or another state, you don’t have to try to figure out court rules and procedures on your own. Max Sternberg and the skilled attorneys at Egenberg Trial Lawyers are well-versed in enforcing judgments across the U.S. for all of their clients. Contact us online or give us a call at (713) 547-5460.
