Judgment Domestication Experience
Our attorneys are experienced with domesticating and registering foreign judgments in Arizona. It is important to be aware of the various issues that can arise in domestication proceedings, and having a knowledgeable attorney can make the difference between a collectable judgment and a worthless one.
What Issues Arise in Arizona Judgment Domestications?
There are a variety of traps that can come up as you domesticate a foreign judgment in Arizona. Below are some common questions and issues of which you should be aware:
- Methods of Domestication. Arizona follows the Uniform Enforcement of Foreign Judgments Act, and also allows separate actions on a judgment. Know which method makes the most sense for you.
- Domestication versus Registration. State and Federal Courts have different processes for enforcing foreign judgments. Bringing the judgment to the correct court and knowing the process is vital.
- Community Property Issues. Arizona is a community property state, and has specific requirements that must be followed to collect against a community. Following the law is crucial to prevent a debtor from hiding behind his or her spouse.
- Collection Against Community Assets. Surprisingly to many outside of Arizona, your judgment against John Doe can often be enforced in Arizona against Jane Doe as well, as long as you take the right steps.
- Statutory Stay. Avoid the trap of collecting too soon; make sure you comply with the statutory stay after domesticating your judgment.
- Statute of Limitations. What is the statute of limitations for enforcing a foreign judgment? One Year? Four years? Five Years? More? The answer can be any of the above, depending on several factors. Make sure your attorney is well versed on this aspect of the law. Once it’s too late, it’s too late.
- Domesticating Really Foreign Judgments. You may be able to enforce a judgment from a foreign country in Arizona, under certain circumstances. Make sure you know the requirements.
- Collection Methods. Once a judgment is domesticated in Arizona, collection may include bank levies, wage garnishments, asset sales, charging orders, debtor examinations, and even the forced sale of a debtor’s primary residence.
- Asset Searches. When a judgment is properly domesticated, it comes time to collect. Our proprietary asset searches and strategic alliances let us gather information other law firms may miss. Make sure you get the best asset information to collect as quickly as possible.