Fill and Sign the Delaware Foreign Judgment Enrollment Delaware Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF DELAWARE ENROLLMENT OF FOREIGN JUDGMENT Delaware Uniform Enforcement of Foreign Judgments Act Control Number – DE – EFJ - 01 This packet contains the following: 1. Instructions ; 2. Forms ; and 3. Access to Law Summary. NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form felds” created using Microsoft Word. “Form felds” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form felds. o to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form felds will be visible. By clicking on the appropriate form feld, you will be able to enter the needed information. In some instances the form feld and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Delaware. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal efect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDIN WARRANTIES OF MERCHANTABILITY, NONINFRIN EMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LE AL FORMS, INC. OR ITS A ENTS OR OFFICERS BE LIABLE FOR ANY DAMA ES WHATSOEVER (INCLUDIN , WITHOUT LIMITATION DAMA ES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISIN OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LE AL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMA ES. ENROLLMENT OF A FOREIGN JUDGMENT A foreign judgment is a judgment entered by a court other than the court of the state where the judgment is sought to be enrolled. Enrolling a judgment allows the judgment creditor or person holding the judgment to enforce it in the state of enrollment and the enrollment creates a judgment lien against the property of the Judgment Debtor. Requirements: 1. The Judgment must be a final judgment. 2. The Judgment must be “certified pursuant to acts of congress” or "triple-sealed". This means that a judge of a court of record must authenticate the order or abstract, the clerk of court must authenticate the judge's authentication as genuinely that of a judge of a court of record, and a judge must authenticate the clerk as clerk. 3. Execute an Affidavit in Support of Request to Enroll Foreign Judgment [Form One], a Request for Enrollment with Judgment attached as Exhibit A [Form Two] and Notice of Enrollment [Form Three]. 4. Using the enclosed Cover Letter, send Affidavit in Support of Request to Enroll Foreign Judgment [Form One], a Request for Enrollment with Judgment attached as Exhibit A [Form Two] and Notice of Enrollment [Form Three] to the clerk of the court where the judgment is sought to be enrolled. 5. Mail a copy of the Notice of Filing to the judgment debtor. 6. Wait the required time of 30 days after mailing by the Clerk of the Court of the Notice of Filing and then you may execute on property of the judgment debtor that is not exempt from execution. The judgment becomes a final judgment of that court when recorded in the Office of the Clerk, and can be readily transferred from one county to another as the final judgment of the enrolling court. See 28 U.S.C. §1738 for statutory requirements for orders which must be extended full faith and credit. States may give full faith and credit without the documentary requirements but they must give full faith and credit if the requirements are met. Enrollment of a foreign judgment in the State of Delaware is controlled by the Uniform Foreign Judgments Act, Delaware Code, Title 10 Courts and Judicial Procedure, Part III Procedure, Chapter 47 Judgments, Sections 4781 through 4787, inclusive. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms. Date ______________________________ ______________________________ ______________________________ ______________________________ Return Name and Address Office of the Prothonotary __________________ County ______________________________ ______________________________ (Name and address of County Prothonotary) Re: [style of case] Dear Sir or Madam: Enclosed for filing is a Civil Case Information Statement, Notice of Filing of Foreign Judgment and Request For Enrollment of Foreign Judgment pursuant to the Delaware Uniform Enforcement of Foreign Judgment's Act. A filing fee of $ __________________ is also enclosed. Please return a filed copy to me. Please advise if you need anything further at this time. With kindest regards, I am Sincerely yours, Signature       Type or Print Name Enclosures CIVIL CASE INFORMATION STATEMENT (CIS) INSTRUCTIONS CIVIL CASE TYPE Please select the appropriate case type from the list below. Enter this information in the designated spaces on the Case Information Statement. NEW CASTLE CCP - CIVIL JUSTICE REQUESTED TYPE MNAM TYPE KEYWORD TEXT DESCRIPTION ADMV ADMV APPEAL FROM DECISION OF MOTOR VEHICLE BOARD. ARBC ARBC ARBITRATION CASE, $15,000.00 OR OVER. CCPC CCPC COURT OF COMMON PLEAS CASE – FILED FOR UNDER $15,000.00. CJPA CJPA JP APPEAL FILED WITH FEE. CJPF CJPF JP CASE FILED WITHOUT FEE. DOG DOG APPEAL FROM DECISION OF DOG CONTROL PANEL. MHAB MHAB HABITUAL OFFENDER PETITION. MNAM MNAM CHANGE OF NAME PETITION. DUTY OF THE PLAINTIFF Each plaintiff/counsel shall complete the attached Civil Case Information Statement (CIS) and file with the complaint. DUTY OF THE DEFENDANT Each defendant/counsel shall complete the attached Civil Case Information Statement (CIS) and file with the answer and/or first responsive pleading. CIVIL CASE INFORMATION STATEMENT (CIS) COURT OF COMMON PLEAS COUNTY: N K S CIVIL ACTION NUMBER:       Civil Case Type:       (S EE R EVERSE S IDE FOR T YPE ) Caption:                                     Name and Status of Party filing document:       D OCUMENT T YPE : (E.G.; C OMPLAINT ; A NSWER WITH COUNTERCLAIM )       Non-Arbitration       (C ERTIFICATE OF V ALUE MAY BE REQUIRED ) Arbitration       Mediation     Neutral Assessment     Defendant (Circle One) ACCEPT REJECT JURY DEMAND YES       NO       If Yes – please attach $175.00 filing fee for Prothonotary. A TTORNEY N AME ( S ):       A TTORNEY ID( S ):       F IRM N AME :       A DDRESS :             T ELEPHONE N UMBER :       F AX N UMBER :       E-M AIL A DDRESS :       I DENTIFY ANY RELATED CASES NO PENDING BY C APTION AND C IVIL A CTION N UMBER :             E XPLAIN THE R ELATIONSHIP ( S ):                         O THER UNUSUAL ISSUES THAT AFFECT C ASE M ANAGEMENT :                   (I F A DDITIONAL S PACE IS NEEDED , PLEASE ATTACH PAGE ) T HE C LERK WILL NOT PROCESS THE COMPLAINT , ANSWER , OR FIRST RESPONSIVE PLEADING IN THIS MATTER FOR SERVICE UNTIL THE CASE INFORMATION STATEMENT (CIS) IS FILED. THE FAILURE TO FILE THE CIS AND HAVE THE PLEADING PROCESSED FOR SERVICE MAY RESULT IN THE DISMISSAL OF THE COMPLAINT OR MAY RESULT IN THE ANSWER OR FIRST RESPONSIVE PLEADING BEING STRICKEN. IN THE SUPERIOR COURT OF THE STATE OF DELAWARE COUNTY : NEW CASTLE KENT SUSSEX       Plaintiff, vs.       Defendant. AFFIDAVIT IN SUPPORT OF REQUEST FOR ENROLLMENT OF FOREIGN JUDGMENT STATE OF __________________ COUNTY OF __________________ PERSONALLY CAME AND APPEARED BEFORE ME the undersigned authority, the within named ______________________________ , Affiant, who states upon his oath that he/she is ________________________ [PLAINTIFF OR ATTORNEY FOR PLAINTIFF] , and further states in accordance with the Delaware Uniform Enforcement of Foreign Judgments Act that the Social Security Number of the Judgment Debtor is ________________________ [if known] and the last known address of the Judgment Debtor ______________________________ is: ______________________________ ______________________________ ______________________________ City, State and Zip Code The complete name and last known address of the Judgment Creditor (Plaintiff) is: ______________________________ ______________________________ ______________________________ City, State and Zip Code Affiant further states that the Judgment is final, and remains unsatisfied, in [whole or part], that the balance of the Judgment which remains unpaid is $ ________________________ and that there is no contest of the judgment pending. ______________________________ Plaintiff or Attorney for Plaintiff State of Delaware County of __________________ ________________________ (date) ________________________________________________ (name(s) of person(s)) . This instrument was acknowledged before me on __________________ by ______________________________ . Notary Public       Type or Print Name (Seal, if any) My commission expires: ________________________ IN THE SUPERIOR COURT OF THE STATE OF DELAWARE COUNTY : NEW CASTLE KENT SUSSEX       Plaintiff, vs.       Defendant. REQUEST FOR ENROLLMENT OF FOREIGN JUDGMENT Pursuant to the Delaware Uniform Foreign Judgment Act you are hereby requested to enroll an Agreed Judgment entered on the ______ day of ____________ , ______ by the ________________________ Court of ____________ County, State of ____________ , Cause No. ____________ in favor of ________________________ against ________________________ in the amount of $ ____________ , plus attorneys fees of $ ____________ . The judgment has been authenticated according to acts of Congress and in accordance with the Act as indicated by the attached Exhibit "A". DATED this the ______ day of ____________ , 20 ______ . __________________________________ [Name of Plaintiff or Attorney for Plaintiff] CERTIFICATE OF SERVICE This is to certify that I, ________________________ [Name of Plaintiff or attorney for Plaintiff] , have forwarded this date a true and correct copy of the above and foregoing document, by U.S. Mail, postage fully prepaid, to: Mail, postage fully prepaid, to: Name of Judgment Debtor/Defendant ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ Name of Clerk ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ This the ______ day of ____________ , 20 ______ . _____________________________________ [Name of Plaintiff or Attorney for Plaintiff] IN THE SUPERIOR COURT OF THE STATE OF DELAWARE COUNTY : NEW CASTLE KENT SUSSEX       Plaintiff, vs.       Defendant. NOTICE OF FILING OF FOREIGN JUDGMENT Pursuant to the provisions of the Delaware Uniform Enforcement of Foreign Judgment Act, notice is hereby given that a Judgment entered on the ______ day of ____________ , 20 ______ by the ______________________________ Court of ____________ County, ____________ , Case No. ____________ in favor of ________________________ and against ________________________ in the amount of $ ____________ , plus attorneys fees in the amount of $ ____________ which was enrolled in the __________________ Court of __________________ County, __________________ on the ______ day of ____________ , 20 ______ . If this Judgment is not paid, execution of same may be commenced within 30 days of the date of filing. DATED this the ______ day of ____________ , 20 ______ . ______________________________ Plaintiff or Attorney for Plaintiff CERTIFICATE OF SERVICE This is to certify that I, ______________________________ [Name of Plaintiff or attorney for Plaintiff] , have forwarded this date a true and correct copy of the above and foregoing document, by U.S. Mail, postage fully prepaid, to: Name of Judgment Debtor/Defendant ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ Name of Clerk ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ This the ______ day of ____________ , 20 ______ . ______________________________________ [Name of Plaintiff or Attorney for Plaintiff]