Judgments – Foreign Judgments – District of Columbia
Related District of Columbia Legal Forms
Definitions.
For the purposes of this subchapter, the term:
(1) “District” means the District of Columbia.
(2) “Foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in the District.
(3) “Superior Court” means the Superior Court of the District of Columbia. Title 15, Chap. 3, § 15-351.
Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with the laws of the District may be filed in the Office of the Clerk of the Superior Court (“Clerk”). A foreign judgment filed with the Clerk shall have the same effect and be subject to the same procedures, defenses, or proceedings for reopening, vacating, or staying as a judgment of the Superior Court and may be enforced or satified in the same manner. Title 15, Chap. 3, § 15-352.
Notice of filing.
(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor’s lawyer shall make and file with the Clerk an affidavit that sets forth the names and last known addresses of the judgment debtor and the judgment creditor.
(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 docket. The notice shall include the name and address or name and post office address of the judgment creditor and the judgment creditor’s lawyer, if any, in the District. The judgment creditor may mail a notice of the filing of the foreign 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. Title 15, Chap. 3, §15-353.
Stay.
(a) Upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which the judgment is rendered, and if the judgment debtor shows the Superior Court that an appeal from the foreign judgment is pending or shall be taken or that a stay of execution has been granted, the Superior Court shall stay enforcement of the foreign judgment until:
(1) The appeal is concluded;
(2) The time for appeal expires; or
(3) The stay of execution expires or is vacated.(b) If the judgment debtor shows the Superior Court any ground upon which enforcement of a judgment of the Superior Court would be stayed, the Superior Court shall stay enforcement of the foreign judgment for an appropriate period upon requiring the same security for satisfaction of a judgment that is required in the District. Title 15, Chap. 3, §15-354.
Fees.
Any person filing a foreign judgment shall pay to the Clerk the fee established by the Superior Court. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the Superior Court. Title 15, Chap. 3, § 15-355.
Optional procedure.
The right of a judgment creditor to bring an action to enforce a judgment in lieu of proceeding under this subchapter remains unimpaired. Title 15, Chap. 3, § 15-356.
Uniformity of interpretation.
This subchapter shall be interpreted and construed to effectuate its general purpose to make uniform the law of jurisdictions that enact it. Title 15, Chap. 3, § 15-357.