Judgments – Foreign Judgments – Alabama
This article may be cited as the “Uniform Enforcement of Foreign Judgments Act.” Title 6, Chap. 9, Section 6-9-230
“Foreign judgment” defined.
As used in this article, the term “foreign judgment” shall mean any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Title 6, Chap. 9, Section 6-9-231
(Effective January 1, 1998.) Filing judgment with clerk of circuitcourt; effect of judgment.
A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. A clerk of any circuit court shall note the filing in a special docket set up for foreign judgments. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner; provided, however, that any proceeding that is brought to enforce support obligations of other jurisdictions in this state by the withholding of income derived in this state shall be brought in accordance with Chapter 3A, commencing with Section 30-3A-101, of Title 30. Title 6, Chap. 9, Section 6-9-232
Filing requirements; notice of filing; when execution may issue.
(a) At the time of filing, the judgment creditor, or his lawyer, shall make and file with the clerk of the circuit court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable, and unsatisfied.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the special docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. In addition, the judgment creditor may mail notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign judgmentfiled hereunder shall issue until 30 days after the date the judgment is filed. Title 6, Chap. 9, Section 6-9-233
Stay of enforcement of foreign judgment.
(a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state. Title 6, Chap. 9, Section 6-9-234
Any person filing a foreign judgment shall pay to the clerk of the circuit court an amount equal to that imposed for the filing of a civil action. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the circuit courts of this state. Title 6, Chap. 9, Section 6-9-235
Right of action to enforce judgment unimpaired.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired. Title 6, Chap. 9, Section 6-9-236
Recording of judgment in probate office.
A copy of a foreign judgment authenticated in the manner described in Section 6-9-232 and filed in the circuit court may be recorded in the probate office as provided for judgments of the circuit courts of this state, and its being so filed shall have the same force and effect as the filing of a certificate of a judgment obtained in a circuit court of this state. Title 6, Chap. 9, Section 6-9-237
Construction of article.
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it. Title 6, Chap. 9, Section 6-9-238