Lawyers and litigators know how difficult it can be to enforce decisions outside one’s jurisdiction. This is particularly true when litigating someone from another state. Fortunately, judgment domestication allows you to turn an out-of-state ruling into a New York judgment with the full force of enforcement here in the Empire State’s courts.
Serve Index LLC will explain what judgment domestication is and how you should use this process to enforce an out-of-state ruling or award. By understanding the ins and outs of judgment domestication, you can leverage this powerful tool to help your clients win their cases even if they didn’t occur within your jurisdiction’s borders!
What is Judgment Domestication
Judgment domestication is the process of transferring an out-of-state ruling so that it may be enforced in New York. This process can be used when a party to a lawsuit resides in or has assets within the state, but a court in another jurisdiction rendered the underlying judgment.
It can also be used if both parties reside outside New York but one owns property here. After domestication, the out-of-state ruling will gain all the power and authority of any other decision issued by a New York court.
Domesticating an Out-of-State Ruling
In New York, this process is governed by NY CPLR 3213. This law states that domestication of a foreign judgment must be filed in the same county where the defendant resides or where they have property (if applicable). The filing must include an affidavit showing that a valid and enforceable judgment exists in another jurisdiction.
It should also state how much money the plaintiff is owed and any other relevant information. Additionally, all documents related to the underlying case must be provided for review and certification by New York courts before domestication.
Once everything has been filed and reviewed, the court will issue an order granting domestication if it finds that all requirements were met. The Order of Domestication will then be forwarded to the local County Clerk’s Office and entered into the official record.
After that, the judgment can be enforced according to NY law, and a lien may also be placed on any assets owned by the defendant in NY state.
A Stress-Free Process
A process server can be invaluable when it comes to enforcing a judgment. After the court grants domestication, the defendant must be served with papers notifying them of the ruling. This is where a process server can help ensure that documents are properly delivered and all legal requirements have been met.
Additionally, if the defendant owns property within NY state, a process server may also be able to assist with filing a lien against their assets. This will ensure that any money owed as part of the judgment cannot be taken out of NY without first being paid back to the plaintiff.
Your Partner in Judgment Domestication in New York
For seamless and efficient judgment domestication, consider Serve Index LLC for legal support services from experienced process servers in New York. We can help you file, serve, and follow up on your NY cases. Get a free quote today by emailing firstname.lastname@example.org.