Maine Foreign Judgement Law

Judgments – Foreign Judgments – Maine

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Short title
This Act may be cited as the Uniform Enforcement of Foreign Judgments Act. Title 14, Part 7, Chap. 740, § 8001.

Definition
In this Act “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 State.  Title 14, Part 7, Chap. 740, § 8002.

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 District Court or of any  Superior Court of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of the District Court or Superior 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 the District Court or the Superior Court of  this State and may be enforced or satisfied in like manner. Title 14, Part 7, Chap. 740, § 8003.

Notice of filing

1. Affidavit to be filed; contents. At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.
2. Notification of judgment debtor by clerk. 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 effect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
3. Thirty day waiting period. No execution or other process for enforcement of a  foreign judgment filed hereunder shall issue until 30 days after the date the judgment is  filed. Title 14, Part 7, Chap. 740, § 8004.

Stay

1. Appeal or stay granted in foreign jurisdiction. If the judgment debtor shows the  District Court or the Superior 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. Other grounds for stay. If the judgment debtor shows the District Court or the  Superior Court any ground upon which enforcement of a judgment of any District Court or  Superior 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 14, Part 7, Chap. 740, § 8005.

Fees
Any person filing a foreign judgment shall pay to the clerk of courts the fee then  provided for the entry of an action. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the District Court or Superior Court.  Title 14, Part 7, Chap. 740, § 8006.

Optional procedure
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Act remains unimpaired. Title 14, Part 7, Chap. 740, § 8007.

Uniformity of interpretation
This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Title 14, Part 7, Chap. 740, § 8008.

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Inside Maine Foreign Judgement Law