How can I enforce a judgment against a judgment debtor in another state?

While the actual methodology for issuing a judgment to a judgment debtor differs from state to state, the mechanics are typically similar. Once a money judgment has been perfected by the issuing court, the judgment creditor then tries to get the judgment debtor to voluntarily pay the judgment. Failing to obtain the cooperation of the judgment debtor, the judgment creditor then determines what property is owned by the judgment debtor and where that property is located. If the property of the judgment debtor is located in the state that issued the judgment, the judgment creditor can then proceed with enforcement. However, when the property of the judgment debtor is located in another state, the judgment creditor may need a sister-state judgment issued by a court in the state in which the property of the judgment debtor is located.

The United States Constitution, under Article IV, section 1 provides that full faith and credit must be given in each state to the public acts, records and judicial proceedings of every other state. Thus, a judgment issued by one state court must be given full faith and credit by the foreign or sister-state court. Although full faith and credit must be provided to judgments of another state, enforcement actions in the sister-state often requires acts to be taken by authorities in the sister-state (such as Marshals or Sheriffs) who will only follow an order of a court of their home state. For example, a judgment is obtained against a judgment debtor who has a bank account in California; to execute a levy upon the California bank account, the judgment creditor registers a Texas judgment as a California sister-state judgment, obtains a Writ of Execution directing a County Marshal in California to enforce the judgment and the judgment creditor then instructs the County Marshal to perform the bank levy at the bank where the judgment debtor has his/her money. The sister-state judgment is necessary since the Texas court does not have the authority to direct the actions of the County Marshal in California.

To obtain entry of a sister-state judgment, the judgment creditor applies to a court in the state in which the judgment debtor’s property is located. Some courts have a particular form which must be used by the judgment creditor and there is typically a requirement that the application for entry of the sister-state judgment be filed in a particular court (i.e. – applications for entry of a sister-state judgment must be made in a Superior Court and not in a Small Claims or Municipal Court). In addition to the application, an authenticated or certified copy of the judgment, issued by the court that originally issued the judgment, must be attached.

After filing the application, the judgment creditor must give the judgment debtor notice of the filing. This enables the judgment debtor to raise certain bars to the issuance of the sister-state judgment, such as defects in the issuance of the judgment or the original judgment is not final and unconditional. If the judgment debtor does nothing, typically the sister-state judgment is issued and then the judgment creditor can pursue all available remedies for enforcement of the judgment in the sister-state.

Case Studies: Enforcing Judgments Against Judgment Debtors in Another State

Case Study 1: Successful Enforcement Through Sister-State Judgment

A judgment creditor obtained a money judgment against a judgment debtor who had a bank account in California. To execute a levy on the debtor’s bank account, the creditor registered the Texas judgment as a California sister-state judgment.

They obtained a Writ of Execution and instructed the County Marshal in California to enforce the judgment by performing a bank levy at the debtor’s bank.

The successful enforcement relied on the sister-state judgment, as the Texas court lacked authority over the actions of the California County Marshal.

Case Study 2: Application Process for a Sister-State Judgment

This explores the application process for obtaining a sister-state judgment. The judgment creditor, seeking to enforce a judgment against a debtor’s property located in another state, had to apply to a court in the state where the property was situated.

The application required using specific forms and filing in the appropriate court, such as a Superior Court rather than a Small Claims or Municipal Court.

The judgment creditor also needed to attach an authenticated or certified copy of the original judgment issued by the court in the debtor’s home state.

Case Study 3: Notice to the Judgment Debtor and Remedies for Enforcement

The judgment creditor filed an application for a sister-state judgment and provided notice to the judgment debtor. The notice gave the debtor an opportunity to raise objections or challenges to the issuance of the sister-state judgment.

If the judgment debtor failed to respond, the sister-state judgment was typically issued, allowing the creditor to pursue all available enforcement remedies in the sister-state.