National Union Fire Insurance v. Nicholas

Enrollment of Foreign Judgment - Pennsylvania

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

STATE OF PENNSYLVANIA

ENROLLMENT OF FOREIGN JUDGMENT

Uniform Enforcement of Foreign Judgment Act

Control Number – PA-EFJ - 01

This packet contains the following:

1. Instructions;

2. Forms; and

3. Access to Law Summary.

NOTES ON COMPLETING THESE FORMS

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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 Enrollment to the judgment debtor.

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 Pennsylvania is controlled by the Uniform Enforcement of Foreign Judgments Act, Pennsylvania Code, Title 42, Chapter 43, § 4306.

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.

COVER LETTER

Re:

Dear Sir or Madam:

Enclosed for filing is a Notice of Enrollment of Foreign Judgment and Request For Enrollment of Foreign Judgment pursuant to the 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,

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 and further states in accordance with the Pennsylvania Uniform Enforcement of Foreign Judgments Act that the Social Security Number of the Judgment Debtor is 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.

REQUEST FOR ENROLLMENT OF FOREIGN JUDGMENT

Pursuant to the Pennsylvania Uniform Enforcement of Foreign Judgment's 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.

CERTIFICATE OF SERVICE

This is to certify that I, , 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.

NOTICE OF ENROLLMENT OF FOREIGN JUDGMENT

Pursuant to the provisions of the Pennsylvania 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 enrolled in the Circuit 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.

CERTIFICATE OF SERVICE

This is to certify that I, , 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.