Fill and Sign the Foreign Judgment Enforcement Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF NEW JERSEY ENROLLMENT OF FOREIGN JUDGMENT Uniform Enforcement of Foreign Judgment Act Control Number – NJ - 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 fields” created using Microsoft Word. “Form fields” 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 fields. Go 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 fields will be visible. In order to use the form fields properly, it is necessary to “lock or protect” the document. If you wish to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. This is done by clicking on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . It is very important to understand that, once the document is unprotected, any data entered in the form fields will be lost when the document is again protected. If changes are necessary, unlock the document, using the password “uslf” if necessary, and make any changes that you feel are required. Then protect the document once again. After any required changes and re-protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. Inserting date will result in the default line disappearing. You will have sufficient space to enter any required information. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of New Jersey. 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 INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 filed. Filing a judgment allows the judgment creditor or person holding the judgment to enforce it in the state of filing and the filing 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 File Foreign Judgment [Form One], a Request for Filing with Judgment attached as Exhibit A [Form Two] and Notice of Filing [Form Three]. 4. Using the enclosed Cover Letter, send Affidavit in Support of Request to File Foreign Judgment [Form One], a Request for Filing with Judgment attached as Exhibit A [Form Two] and Notice of Filing [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. The Clerk will also mail a copy to the judgment debtor and it is not required that the judgment creditor also mail a copy but it is recommended.- 6. Wait the required time of 14 days after mailing by the Clerk of the Court of the Notice of Enrollment 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 New Jersey is controlled by the Uniform Enforcement of Foreign Judgments Act, New Jersey Permanent Statutes, Title 2A, Sections 2A:49A-25 through 2A:49A-33, 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 ______________________________ ______________________________ ______________________________ (Name and address of Clerk of Court) Re: [style of case] Dear Sir or Madam: I have enclosed for filing the following documents pursuant to the New Jersey Uniform Enforcement of Foreign Judgment's Act: Foreign Judgment – original and three copies Affidavit in Support of Application to Record a Foreign Judgment - original and two copies Request For Filing of Foreign Judgment - original and two copies Notice of Filing of Foreign Judgment - original and two copies A filing fee of $ __________ is also enclosed. Please return a filed copy of each document in the enclosed self-addressed envelope. Please advise if you need anything further at this time. With kindest regards, I am Sincerely yours, ______________________________       Print or Type Name Enclosures SUPERIOR COURT OF NEW JERSEY       DIVISION       PART CIVIL ACTION (NAME CHANGE)       DOCKET NO.       PLAINTIFF, VS.       DEFENDANT AFFIDAVIT IN SUPPORT OF APPLICATION TO RECORD A FOREIGN JUDGMENT STATE OF __________________ COUNTY OF __________________ I, ______________________________ , of full age, being duly sworn according to law, upon my oath hereby depose and say: ( Enter all required information; use additional paper, if necessary) 1. I am the judgment creditor in a lawsuit captioned ________________________ , plaintiff, v. ________________________ , defendant in the ______________________________ ( name of court ) of the State of ________________________ ( name of state or commonwealth ) and am seeking to record said judgment in the State of New Jersey. 2. Attached to this affidavit is an authenticated/exemplified copy of the judgment from the State of ________________________ ( name of state entering judgment ) wherein judgment was entered against ______________________________ ( judgment debtor’s name ) in the amount of $ __________________ ( dollar amount ) on the ______ day of ____________ , 20 ______ ( date entered ). 3. The judgment creditor’s name is ____________________________________ ( name of the creditor ) and resides [is located] at ________________________ ( street and street number) in the City of __________________ , State __________________ . 4. The judgment debtor is known to me as ________________________ ( debtor’s name ) and was last known to reside, or could be located at ________________________ ( street name and number ) in the City of ____________ ( name of city, town or borough ), County of __________________ ( name of county ) and State of New Jersey. 5. The time to appeal the judgment in the State of ________________________ ( name of foreign state ) has expired. 6. The courts of the State of ________________________ ( name of foreign state ) have not granted a stay of execution of said judgment. 7. The foreign judgment was entered by default. ( If the foreign judgment was entered by default, cite the court rule for vacating defaults and attach a copy of the cited court rule) . If judgment by default, then add: Under the relevant statues and rules of court, the date for vacating the default expired on the ______ day of ____________ , 20 ______ without the judgment debtor moving to vacate the same. Plaintiff or Attorney for Plaintiff       Type or Print Name State of New Jersey, County of __________________ , ss: I CERTIFY that on __________________ , 20 ______ , ______________________________ and ______________________________ personally came before me and acknowledged under oath to my satisfaction, that this person (or if more than one, each person): a) is named in and personally signed the attached document; and b) signed and delivered this document as his/her/their act and deed; and Notary Public My commission expires:             Type or Print Name SUPERIOR COURT OF NEW JERSEY       DIVISION       PART CIVIL ACTION (NAME CHANGE)       DOCKET NO.       PLAINTIFF, VS.       DEFENDANT. REQUEST FOR RECORDING OF FOREIGN JUDGMENT Pursuant to the New Jersey Uniform Enforcement of Foreign Judgment's Act you are hereby requested to record 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] SUPERIOR COURT OF NEW JERSEY       DIVISION       PART CIVIL ACTION (NAME CHANGE)       DOCKET NO.       PLAINTIFF, VS.       DEFENDANT. NOTICE OF FILING OF FOREIGN JUDGMENT Pursuant to the provisions of the New Jersey Uniform Enforcement of Foreign Judgment's 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 filed 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]