Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Entry Ordering Filing Of Foreign Out Of State Judgment Form. This is a Ohio form and can be use in Montgomery County (Court Of Common Pleas).
Loading PDF...
Tags: Entry Ordering Filing Of Foreign Out Of State Judgment, Ohio County (Court Of Common Pleas), Montgomery
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS :Case No. 96-OS-JUDGE LOWMAN/BRIGNERMovant:v.::RespondentENTRY ORDERING FILING OF FOREIGN [OUT-OF-STATE] JUDGMENT::----------------------------------------------This matter is before the court upon a motion to file a foreign judgment for purposes of enforcement of property rights between the parties, pursuant to Section 1738 of Title 28 of the United States Code, and Mont. D.R. Rule 4.59. Proceedings brought under these provisions do not permit the enforcement or modification of parenting issues, child support issues, or spousal support issues. [DOCUMENTS REQUIRED FOR FILING] The movant shall also file with the petition and this entry all of the following documents, which are required by 28 U.S.C. 1738, and Mont. D.R. Rule 4.59: (1)an affidavit demonstrating that the judgment creditor is either a resident of the State of Ohio or has property located in this State; (2)a certified copy of the foreign judgment with all modifications thereof;(3)a notice of a magistrate's hearing, which notice must be served, mailed, delivered or last published at least forty-five days after the filing of the motion for registration; (4)instructions for service per Civil Rules 4 through 4.6, which shall require the Clerk of Courts to send to the respondent, by certified mail, a notice of this registration, the motion for relief, the notice of hearing, the name and address of the judgment creditor and the creditor's attorney (if any) in this state, and a copy of the registered order ;12001 © American LegalNet, Inc.(5)a copy of this entry shall be served by movant upon respondent with service of process and copies of all other documents filed herewith, pursuant to Civil Rules 4 through 4.6. [JURISDICTION OVER SUBJECT MATTER AND PARTIES] The motion on its face demonstrates that this court may exercise jurisdiction to enforce the foreign pursuant to 28 U.S.C. 1738. Acceptance of jurisdiction by the court is made conditionally, subject to the hearing described below. [ORDER FOR FILING OF FOREIGN JUDGMENT] Therefore, for good cause shown, it is hereby ordered that the Clerk of Courts file the certified foreign judgment submitted with the motion provided that all of the documents set forth herein are also submitted for filing. [NOTICE TO THE CLERK OF COURTS RE COSTS AND DUTIES] The clerk may charge the normal cost deposit to the movant for filing the foreign judgment, motion for relief, hearing notice, service of process, and other documents filed. The court retains jurisdiction to assess court costs of this action against either party upon further proceedings in this matter. The parties shall be designated in the case caption in the same manner as in the foreign order. The clerk shall assign an OS number to this case, randomly assign the case to a judge of this court, and docket the case.[NOTICE TO RESPONDENT OF DEADLINE TO OBJECT TO THIS REGISTRATION] The motion to register your foreign parenting order may be approved by this court if you do not appear at the scheduled hearing or file a written response to the motion. [ORDER OF REFERENCE AND NOTICE OF HEARING] The motion to register a foreign judgment and motion for relief is hereby referred to the magistrate for hearing. If filing of the foreign judgment is contested by the opposing party, that matter is referred to the same magistrate assigned to hear the movant's motion for relief, and shall be heard at the same time set for that motion, and prior to movant's motion for relief. IT IS SO ORDERED.JUDGE22001 © American LegalNet, Inc.