Kentucky Foreign Judgments Law

Judgments – Foreign Judgments – Kentucky

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Definition.
In KRS 426.950 to 426.975 “foreign judgment” means 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 Commonwealth.  Title XXXIX, Chap. 426.00, §426.950

Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of any court of this state. 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 court of this state and may be enforced or satisfied in like manner.  Title XXXIX, Chap. 426.00, §426.955

Notice of filing.

(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the court an affidavit setting forth the name and the last known post office address of the judgment debtor, and the judgment creditor.
(2) 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 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 a 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.
(3) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until twenty (20) days after the date the judgment is filed.  Title XXXIX, Chap. 426.00, §426.960

Stay.

(1) If the judgment debtor shows the 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.
(2) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken, or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired, upon requiring the same security for satisfaction of the judgment which is required in this state, subject to KRS 411.187.  Title XXXIX, Chap. 426.00, §426.965

Filing fee.
A person filing a foreign judgment shall pay to the clerk of the court the amount as otherwise provided by law for filing suit in the courts of this state.  Title XXXIX, Chap. 426.00, §426.970

Right to bring action unimpaired.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under KRS 426.950 to 426.975 remains unimpaired.  Title XXXIX, Chap. 426.00, §426.975

Penalties.

(1) Any officer who fails to advertise for sale property taken under execution as required by subsection (1) of KRS 426.340 may, on motion of either the plaintiff or the defendant in the execution, be fined by the court from which the execution issued not less than five dollars ($5) nor more than twenty dollars ($20), and costs, for the use of the party making the motion. The officer shall be given at least ten (10) days’ notice, in writing, of the motion. The officer shall, in addition to the fine provided, be liable on his bond to the party aggrieved for damages.
(2) Any officer who fails to return a writ as required by subsection (2) of KRS 426.340 may, on motion, be fined by the court from which the writ issued not more than fifty dollars ($50), for the use of the party injured. The officer shall be given at least three (3) days’ notice, in writing, of the motion. Title XXXIX, Chap. 426.00, §426.990

Related Kentucky Legal Forms


Inside Kentucky Foreign Judgments Law