New Jersey law provides an efficient process for a judgment creditor who has obtained a judgment in another state to domesticate that judgment in New Jersey for enforcement against a debtor or the debtor’s assets located within the state. This process is governed by the New Jersey Uniform Enforcement of Foreign Judgments Act, codified at N.J.S.A. 2A:49A-25 et seq.
Out of State Judgment = Foreign Judgment
Under the Act, a “foreign judgment” is defined as any judgment, decree, or order of a court of the United States or any other court that requires the payment of money and is entitled to full faith and credit in New Jersey.
Domesticating a Foreign Judgment in New Jersey
The Act establishes a straightforward procedure for domesticating a foreign judgment. To do so, a judgment creditor must file an authenticated copy of the out-of-state judgment with the Clerk of the Superior Court of New Jersey. Unlike Pennsylvania, New Jersey uses a centralized filing system through the Superior Court rather than county-level courts. Once filed, the judgment is treated in the same manner as a judgment originally entered in New Jersey.
A judgment is considered properly authenticated when it is accompanied by certification from the clerk of the originating court confirming that the judgment is a true and correct copy, bears the court’s seal, and is signed by the clerk. While it is not necessary to include every docket entry from the original case, any documentation relevant to the judgment should be included.
Although not strictly required, it is strongly recommended that a judgment creditor retain a New Jersey attorney to handle the filing and enforcement process. Attorneys who are not licensed in New Jersey may risk engaging in the unauthorized practice of law if they attempt to file or enforce the judgment without proper admission.
At the time of filing, the judgment creditor must also submit an affidavit stating the name and last known address of both the judgment debtor and the judgment creditor. The affidavit must further confirm that the foreign judgment is valid, enforceable, and remains unsatisfied.
After the judgment is filed, notice must be provided to the judgment debtor. The Clerk of the Superior Court will send notice of the filing to the debtor at the address provided. Providing additional notice through counsel, while not required, is considered good practice to help avoid delays or procedural challenges.
Enforcement of a Domesticated Judgment in New Jersey
While obtaining a judgment is often a necessary step in recovering money, it does not automatically result in payment. In most cases, the judgment must be actively enforced.
Once domesticated under the New Jersey Uniform Enforcement of Foreign Judgments Act, a foreign judgment has the same force and effect as a New Jersey judgment. This means the judgment creditor may pursue all available enforcement remedies as if the judgment had originally been entered in New Jersey.
Enforcement typically begins with due diligence. This includes investigating the judgment debtor’s assets, such as identifying bank accounts, employment, and real estate holdings. Asset searches and public record reviews are common tools used to locate collectible assets.
In New Jersey, a properly docketed judgment becomes a statewide lien on real property owned by the judgment debtor. This lien can affect the debtor’s ability to transfer or refinance property and is often a critical component of the collection strategy.
Once assets are identified, enforcement mechanisms may include wage executions, bank levies, and seizure of personal or real property. These remedies are carried out through court-issued process and enforced by authorized officers, such as sheriffs. Depending on the circumstances, funds may be levied directly from bank accounts, wages may be garnished, or property may be seized and sold to satisfy the judgment.
Our New Jersey Judgment Enforcement Services
The Martin Law Firm, P.C. represents out-of-state attorneys, in-house counsel, businesses, and individuals in the domestication and enforcement of foreign judgments throughout New Jersey. We handle the entire process, from filing and compliance with statutory requirements to aggressive post-judgment enforcement.
Whether you are seeking to domesticate a judgment or actively pursue collection, we provide efficient, strategic, and results-driven representation.
Contact The Martin Law Firm, P.C. today to discuss your matter, including the domestication process, enforcement options, legal fees, and anticipated costs. You can call us at 215-527-4269.