1/26/2011. Entry and Enforcement of Foreign Judgments. Entry and Enforcement of Foreign Judgments

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1 Department of Judicial Administration Superior Court Clerk s Office Entry and Enforcement of Foreign Judgments KCBA International Law Section Date: January 26, 2011 Presented by: Joel McAllister, Finance Division Manager Entry and Enforcement of Foreign Judgments Agenda Applicable Statutes Common Requirements Uniform Enforcement of Foreign Judgments Act Uniform Foreign-Country Judgments Recognition Act 2 Entry and Enforcement of Foreign Judgments Agenda cont Uniform Foreign-Money Claims Act Domestic Relations Matters Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act Questions and Comments 3 1

2 Applicable Statutes Uniform Enforcement of Foreign Judgments Act: RCW Chapter 6.36 Uniform Foreign-Country Money Judgments Recognition Act: RCW Chapter 6.40A Uniform Foreign-Money Claims Act: RCW Chapter 6.44 Uniform Interstate Family Support Act: RCW Chapter 26.21A Applicable Statutes - cont Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: RCW Chapter Entry of Judgments: RCW Chapter 4.64 Form of Judgment Summary: RCW Entry of Judgment: CR 58 LGR 30 Common Requirements Do not use E-Filing. See KCLGR 30. Clerk looks for an original, official record of the judgment or order. See RCW day waiting period after notice to judgment debtor, before execution may be made. See RCW , 6.40A.60 2

3 Common Requirements cont Entry on the Execution Docket RCW Need to file a judgment summary Timing of entry CR 58; Thomas Malott v. Lester Randall, et al., 83 Wn 2d 259; 517 P.2d 605 Uniform Enforcement of Foreign Judgments Act Applies to judgments from other states or other courts such as federal courts The judgment must be authenticated Creditor shall file an affidavit at the time of filing: Include name and address for the judgment debtor, judgment creditor and their attorney Include filing and expiration date of the judgment in the originating jurisdiction Uniform Enforcement of Foreign Judgments Act cont. Must file a judgment summary Judgment creditor required to mail notice to judgment debtor No execution until at least ten days after proof of mailing is filed May not be extended beyond expiration date in the originating jurisdiction Creditor can bring separate action to enforce the judgment if they wish 3

4 Uniform Foreign-Country Judgments Recognition Act Applies to foreign country judgments which are final Does not apply to foreign country judgments for: Taxes Fines or other penalties Domestic relations matters Uniform Foreign-Country Judgments Recognition Act - cont Subject to same requirements as judgments from another state Creditor to file affidavit with: Name and address of judgment debtor, judgment creditor and attorney Filing and expiration date in the originating jurisdiction Must file a judgment summary Can convert to US dollars here, or at time of execution Uniform Foreign-Country Judgments Recognition Act - cont Must mail notice to the judgment debtor No execution until at least ten days after filing proof of mailing May not be extended beyond expiration date in the originating jurisdiction Creditor can bring separate action to enforce the judgment if they wish 4

5 Uniform Foreign-Money Claims Act RCW governs conversion of foreign money Judgment denominated in foreign money may be paid in US dollars RCW RCW (5) governs conversion of competing, foreign money awards Foreign money judgments to be docketed like and create the same lien effect as other judgments Uniform Foreign-Money Claims Act cont A foreign money judgment which has been entered in another state in US dollars only, may only be enforced in US dollars here Domestic Relations Matters Uniform Interstate Family Support Act (UIFSA), RCW Chapter 26.21A governs foreign support matters Foreign support order must be registered before it can be modified, or enforced by Washington DSHS WA courts may modify foreign country support order: Subject to personal jurisdiction Must meet requirements detailed in RCW 26.21A.550 5

6 Domestic Relations Matters Civil practice governs other aspects RCW Money judgments in domestic matters are handled by the clerk just as other civil judgments Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act RCW Chapter became effective January 1, 2010 Orders from a foreign country court to be treated as orders from another state Procedures for transfer of guardianship cases are defined in RCW Questions / Comments Contact: Joel McAllister Finance Division Manager Department of Judicial Administration Joel.McAllister@kingcounty.gov 6