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 is 'Full Faith and Credit?'   

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 Maine, for example, is enforceable in every other state. Please note, however, that remedies available to judgment creditors in the state of judgment are not always available in Texas.

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 have a judgment that you need to enforce in Texas, Louisiana, or another state, figuring out court rules and procedures on your own is risky and ill-advised, to say the least. Manfred Sternberg & Associates is well versed in domestication across the U.S. (Federal/ Texas/ Louisiana) and enforcement at the State level in Texas and Louisiana. Contact us online or give us a call at (713) 547-5460.