Enforcement of Judgments

Question 1

What is the SOL for domesticating foreign judgments?

Answer 1

4 years

Question 2

If the SOL has expired for domesticating/registering a foreign judgment, what can you do?

Answer 2

Nothing BUT, be sure it is a “final” judgement. If was amended less than 4 years ago, you are in luck! ii. A valid and enforceable amended foreign judgment issued pursuant to a rule permitting correction of clerical errors or omissions may be considered a final judgment entitled to full faith and credit, and, as such, may be domesticated and enforced under the UEFJA.

Question 3

What gives AZ the jurisdiction to enforce foreign judgments?

Answer 3

Full Faith and Credit Clause of the US Constitution requires that a valid judgment rendered in one state’s court be accorded the same validity and effect in every other court in the country.

Question 4

Pocket Judgments! What are they and does the court have jurisdiction?

Answer 4

Definition- A pocket judgement is a money judgment that is NOT yet entered by the court, but retained by the creditor, and can only be used once the debtor defaults under the provisions of the agreement. There is a stipulation filed and a proposed form of order prepared. The case is dismissed but the court retains jurisdiction to enter future orders in the event there is a default.
Court’s Jurisdiction is “ancillary” and the court has the discretion to retain it to enforce settlement agreements. The court is not required, but has discretion.