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Affidavit In Support Of Application To Record Foreign Judgment In New Jersey Form. This is a New Jersey form and can be use in Civil Division Statewide.
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Tags: Affidavit In Support Of Application To Record Foreign Judgment In New Jersey, 10519, New Jersey Statewide, Civil Division
HOW TO FILE A JUDGMENT OBTAINED FROM A FOREIGN JURISDICTION (Superior Court of New Jersey - Judgment Unit) ________________________________________________________________________________ PURPOSE OF THIS PACKAGE This package provides instructions on how to record a money judgment obtained from a foreign jurisdiction in New Jersey. The Uniform Enforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25 et seq.) permits a judgment, decree, or order of the United States or of any other Court which is entitled to full faith and credit in this State to be filed with the Clerk of the Superior Court of New Jersey. Pursuant to Enron (Thrace) Exploration & Production v. Clapp, 378 N.J.Super. 8 (App. Div. 2005), foreign country money judgments are enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit, provided that the provisions of the Uniform Foreign Country Money Judgments Recognition Act, N.J.S.A. 2A:49A- 16 to 24, are met. The Clerk shall treat the foreign judgment in the same manner as a judgment of the Superior Court of this State. Upon recording, the Clerk will issue a notice to the defendant providing 14 days during which the defendant may file an objection to the judgment. No execution of process can occur during that 14-day period. Any questions concerning the filing of foreign judgments should be directed to the Superior Court Clerk's Office at (609) 421-6100. Note: Pursuant to New Jersey Court Rule. 1:21, an attorney submitting an affidavit or certification in support of a foreign judgment must be licensed and/or eligible to practice law in the State of New Jersey and in good standing. SEND YOUR COMPLETED DOCUMENTS TO: Judgment Processing Services Superior Court Clerk's Office P.O. Box 971 Trenton, NJ 08625 American LegalNet, Inc. www.FormsWorkFlow.com The numbered steps listed below outlines the steps you will need to take to have a foreign judgment docketed with the New Jersey Superior Court. The accompanying affidavit must be typed or printed clearly on 8 ½ x 11" white paper only. STEP 1: OBTAIN AN EXEMPLIFIED (AUTHENTICATED) COPY OF THE FOREIGN JUDGMENT WITH THE SEAL OF THE ISSUING COURT AFFIXED THERETO. STEP 2: ATTACH AN AFFIDAVIT FROM THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S LAWYER * (Form A). The affidavit must set forth: A. B. C. D. The name and last known address of the creditor; The name and last known address of the debtor; The date and amount of the judgment; Whether the time to appeal the foreign judgment has expired in the court of origin; Whether the court of origin has granted a stay; and Whether or not the foreign judgment was entered by default. If the foreign judgment was entered by default, the affidavit must indicate the date under the rules of the court of origin for vacating the default with a copy of the cited court rule. STEP 3: MAKE A CHECK OR MONEY ORDER PAYABLE TO TREASURER, STATE OF NEW JERSEY IN THE AMOUNT OF $35.00. This is the fee for filing your papers. STEP 4: MAIL OR DELIVER THE DOCUMENTS TO THE NEW JERSEY SUPERIOR COURT CLERK'S OFFICE. You may mail the original and two copies of the foreign judgment, the affidavit, and the filing fee to the clerk's office the address below. Judgment Processing Services Superior Court Clerk's Office P.O. Box 971 Trenton, New Jersey 08625 OR You may deliver the original and two copies of the foreign judgment, the affidavit, and the filing fee to the clerk's office at the address below. R.J. Hughes Justice Complex 25 W. Market St., 6th Floor, North Wing Trenton, New Jersey 08611 If you mail the papers, we recommend that you use certified mail, return receipt requested. Note. Form A is a sample affidavit for informational purposes. Affiants are responsible that all statements in supporting affidavits are true and accurate. E. F. Pursuant to 1:4-4(b) a certification may be used in lieu of the affidavit. * Pursuant to 1:21-1, Attorneys seeking to docket a foreign judgment must be licensed in the State of New Jersey. Note: These materials have been prepared by the New Jersey Administrative Office of the Courts. The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site (www.njcourts.com). However, you are ultimately responsible for the content of your court papers. Revised 07/29/2013, CN 10519-English Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com F0RM A AFFIDAVIT IN SUPPORT OF APPLICATION TO RECORD A FOREIGN JUDGMENT IN NEW JERSEY I, ________________________, of full age, being duly sworn according to law, upon my oath hereby depose and say: (Enter required information; use additional paper, if necessary) 1. I am the [judgment creditor] [attorney for the judgment creditor] in a lawsuit captioned ____________________, plaintiff, v. _________________, defendant in the _______________________________________(name of court) of the State [Commonwealth] of ____________________________(name of state or commonwealth) and am seeking to record (docket) said judgment in the State of New Jersey. 2. Attached to this affidavit is an authenticated (exemplified) copy of the judgment from the State [Commonwealth] of _________________________(name of state entering judgment) wherein judgment was entered against _______________________ (judgment debtor's name) in the amount of $ __________________ (dollar amount) on ___________________ (date entered). 3. The judgment creditor's name is ___________________________(name of the creditor) and resides [is located] at _______________________________________________ (street and street number, city and state of the creditor). 4. The judgment debtor is known to me as ______________________ (debtor's name) and was last known to reside [be located] at ____________________________ (street name and number) in the [City][Township][Borough] of ______________________ (name of city, town or borough), County of __________________ (name of county) and State of New Jersey (zip code). Revised 07/29/2013, CN 10519-English Page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com 5. The time to appeal the judgment in the State [Commonwealth] of _______________________________ (name of foreign state) has expired. 6. The courts of the State [Commonwealth] of __________________________ (name of foreign state) have not granted a stay of execution o