When you’ve obtained a judgment against an an out of state debtor, your New Jersey debt collection attorney can walk you through the process of how to have that judgment enforced in New Jersey.
Recognition of Foreign Judgments
If you’ve obtained a money judgement against a creditor in a foreign state, there are steps you can take if the creditor then relocates to New Jersey. New Jersey allows foreign creditors to docket their judgments here. Once the New Jersey court dockets the judgment, the creditor has a powerful enforcement tool at their disposal. If you need more information about the debtor’s assets in New Jersey, your attorney can discuss options available to subpoena the debtor to testify about his or her assets.
Effect of a Docketed Foreign Judgment
Once your judgment is properly docketed, this will create a lien against all real estate that debtor owns here in New Jersey. Additionally, the creditor can avail themselves of a variety of other collections tools such as wage garnishment or property seizure located in New Jersey.
Exceptions to the Docketing Rules
Debtors still have certain procedural and substantive defenses available to them before collections can properly begin. There is a fourteen day automatic stay of execution once the docketing takes place. This affords the debtor the opportunity to file an objection. While your attorney can’t promise how the judge will rule on the objection, debtors are generally not allowed to use the objection process to argue the underlying merits of the debt again. The objection window is designed more for technical objections or clerical errors.
If the debtor has filed an appeal in the original court, this can stay the execution of the foreign judgment pending the appeal. Your attorney can discuss options you may have to seek relief from the stay.
A skilled New Jersey debt collection lawyer at the offices of Snellings Law LLC can help you with a variety of your business and collections needs. To schedule an appointment for an initial consultation, call 973.265.6100.