Foreign Judgment Act

Foreign Judgment Act - Act 86-713

Foreign Judgment Defined - The term, " Foreign Judgment " , as used in this act is defined as " any judgment, decree, or order of a court of the United States or any other court, which is entitled to full faith and credit in this state". The Act provides that proceedings to enforce support obligations of other jurisdictions by the withholding of income derived in this state must be brought in accordance with Sections 30-3-90, et seq.

Procedure for Recording Foreign Judgment - Under the provision of this act, the judgment creditor or his attorney must file the following: 1) authenticated copy of the judgment 2) affidavit 3) docket fee 4) civil cover sheet

Authenticated Copy - A copy of any foreign judgment must be authenticated in accordance with an Act of Congress or the statutes of this state. By Act of Congress, the proper manner for authentication as provided in 28 U.S.C. Section 1738, is by attestation of the clerk with the seal of the court annexed, together with a certificate of the court that the attestation is in proper form. However, under state law, Rule 44 (a) (1) of the Alabama Rules of Civil Procedure, eliminates the requirement of a judge's signature to authenticate an out-of-state civil judgment. Pursuant to Rule 44 ARCP, a judgment of another state court or a federal court may be proved by a copy of the judgment, attested by the legal custodian or his deputy " accompanied by a certificate under oath of such person that he is the legal custodian of such record and that the laws of the state require the record to be kept".

Contents of Affidavit - The affidavit, which the judgment creditor files with the Circuit Court, must include: 1) The name and last known address of the judgment debtor 2) The name and last known address of the judgment creditor 3) A statement that the foreign judgment is valid, enforceable and unsatisfied.

Notice to Judgment Debtor - The act does not specifically state the type of service which is to be used when notifying the judgment debtor that the foreign judgment has been filed. It is the opinion of the Administrative Office of Courts that service by the Clerk is to be made by first class mail, pursuant to Rule 5 of the Alabama Rules of Civil Procedures.The notice mailed to the judgment debtor advises him that a foreign judgment has been filed in this state.