ASSEMBLY, No. 2220
STATE OF NEW JERSEY
INTRODUCED JUNE 27, 1996
By Assemblymen BAGGER and WISNIEWSKI
An Act concerning foreign judgments and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Uniform Enforcement of Foreign Judgments Act."
2. In this act "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this State.
3. A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this State may be filed in the office of the Clerk of the Superior Court of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a Superior Court of this State and may be enforced in the same manner.
4. a. At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the Clerk of the Superior Court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
b. Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
c. No execution or other process for enforcement of a foreign judgment filed under this act shall issue until 14 days after the date the judgment is filed.
5. a. If the judgment debtor shows the Superior Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the judgment required by the state in which it was rendered.
b. If the judgment debtor shows the Superior Court any ground upon which enforcement of a judgment of the Superior Court would be stayed, the Superior Court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State.
6. Any person filing a foreign judgment shall pay to the Clerk of the Superior Court the fees required pursuant to N.J.S.22A:2-29 for actions taken with respect to judgments. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the Superior Court in accordance with N.J.S.22A:2-29.
7. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this act remains unimpaired.
8. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
9. This act shall take effect immediately.
With respect to the enforcement of judgments, decrees or orders of a court of the United States or of any other court which is entitled to full faith and credit in this State, this bill adopts the practice used in federal courts for the inter-district enforcement of the judgments of Federal District Courts. The bill relieves creditors and debtors of the additional cost and harassment of further litigation currently experienced with respect to the enforcement of a foreign judgment.
Forty-two states have enacted this uniform act since it was proposed in 1964 by the National Conference of Commissioners on Uniform State Laws and the American Bar Association. New Jersey is one of eight states that have yet to adopt this uniform act.
Concerns enforcement of foreign judgments.