Minnesota Foreign Judgments Law

Judgments – Foreign Judgments – Minnesota

Related Minnesota Legal Forms

Definition.
“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.  Chap. 548, §548.26

Filing and status of foreign judgments.
A certified copy of any foreign judgment may be filed in the office of the court administrator of any district court of this state.  The court administrator shall treat the foreign judgment in the same manner as a judgment of any district court or the supreme court of this state, and upon the filing of a certified copy of a foreign judgment in the office of the court administrator of district court of a county, it may not be filed in another district court in the 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 district court or the supreme court of this state, and may be enforced or satisfied in like manner.  Chap. 548, §548.27

Notice of filing.
Subdivision 1. At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s lawyer shall make and file with the court administrator an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.

Subd. 2. Promptly upon the filing of the foreign judgment and the affidavit, the court administrator 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 court administrator.  Failure of the court administrator to mail notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

Subd. 3. No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until 20 days after the date the judgment is filed.  Chap. 548, §548.28

Stay.
Subdivision 1. If the judgment debtor shows the district 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, 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, 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.

Subd. 2. Stay of enforcement.  If the judgment debtor at any time shows the district court any ground upon which  enforcement of a judgment of any district court or the court of appeals or supreme 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.  Chap. 548, §548.29

Fees.
Any person filing a foreign judgment shall pay to the court administrator the same fee as provided for filing a civil action in district court, except that if the amount of the judgment is not greater than the jurisdictional limit of the conciliation court, the fee shall be in the amount of the filing fee for an action in conciliation court.  Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of any district court of this state.  Chap. 548, §548.30

Optional procedure.
The right of a judgment creditor to bring an action to enforce a judgment instead of proceeding under sections 548.26 to 548.30 remains unimpaired.  Chap. 548, §548.31

Uniformity of application and construction.
Sections 548.26 to 548.33 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of sections 548.26 to 548.33 among those states which enact it.  Chap. 548, §548.32

Citation.
Sections 548.26 to 548.33 may be cited as the Uniform Enforcement of Foreign Judgments Act.  Chap. 548, §548.33

Related Minnesota Legal Forms


Inside Minnesota Foreign Judgments Law