28-20.1 Enforcement of Foreign Judgments

Download pdf

Loading PDF...


CHAPTER 28-20.1ENFORCEMENT OF FOREIGN JUDGMENTS28-20.1-01. Definition. In this chapter, &quot;foreign judgment&quot; 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<br>in this state.28-20.1-02. Filing and status of foreign judgments. A copy of any foreign judgmentauthenticated in accordance with the act of Congress or the statutes of this state may be filed in<br>the office of the clerk of any district court of any county of this state. The clerk shall treat the<br>foreign judgment in the same manner as a judgment of the district court of any county of this<br>state. A judgment so filed has the same effect and is subject to the same procedures, defenses,<br>and proceedings for reopening, vacating, or staying as a judgment of a district court of any<br>county of this state and may be enforced or satisfied in like manner.28-20.1-03. Notice of filing.1.At the time of filing of the foreign judgment, the judgment creditor or the judgment<br>creditor's lawyer shall make and file with the clerk of court an affidavit setting forth<br>the name and last-known post-office address of the judgment debtor and otherwise<br>complying with section 28-20-15.2.Promptly upon the filing of a foreign judgment and the affidavit, the clerk shall mail<br>notice of the filing of the foreign judgment to the judgment debtor at the address<br>given and shall make a note of the mailing in the docket. The notice must include<br>the name and post-office address of the judgment creditor and the judgment<br>creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a<br>notice of the filing of the judgment to the judgment debtor and may file proof of<br>mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the<br>enforcement proceedings if proof of mailing by the judgment creditor has been filed.3.No execution or other process for enforcement of a foreign judgment filed hereunder<br>may issue until ten days after the date the judgment is filed.28-20.1-04. Stay.1.If the judgment debtor shows the district court of any county that an appeal from the<br>foreign judgment is pending or will be taken, or that a stay of execution has been<br>granted, the court shall stay enforcement of the foreign judgment until the appeal is<br>concluded, the time for appeal expires, or the stay of execution expires or is<br>vacated, upon proof that the judgment debtor has furnished the security for the<br>satisfaction of the judgment required by the state in which it was rendered.2.If the judgment debtor shows the district court of any county any ground upon which<br>enforcement of a judgment of any district court of any county of this state would be<br>stayed, the court shall stay enforcement of the foreign judgment for an appropriate<br>period, upon requiring the same security for satisfaction of the judgment which is<br>required in this state.28-20.1-05. Fees. Any person filing a foreign judgment shall pay to the clerk of court afiling fee as prescribed in subdivision d of subsection 1 of section 27-05.2-03.Fees fordocketing, transcription, or other enforcement proceedings must be as provided for judgments of<br>the district court of any county of this state.28-20.1-06. Optional procedure. The right of a judgment creditor to bring an action toenforce the creditor's judgment instead of proceeding under this chapter remains unimpaired.28-20.1-07. Uniformity of interpretation. Repealed by S.L. 1983, ch. 82, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>