Montana Foreign Judgments Law

Judgments – Foreign Judgments – Montana

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Short title.
This part may be cited as the “Uniform Enforcement of Foreign Judgments Act”.  Title 25, Part 5, §25-9-501.

Definition.
In this part, “foreign judgment” means a 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 25, Part 5, §25-9-502.

Filing and status of foreign judgments.
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 district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of a district 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 district court of this state and may be enforced or satisfied in like manner.  Title 25, Part 5, §25-9-503.

Notice of filing.

(1) At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor.The affidavit must also include a statement that the foreign judgment is valid and enforceable, and the extent to which it has been satisfied.
(2)  Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on his behalf shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to his attorney of record, if any, each at his  last-known address, by certified mail, return receipt requested. The notice must include the name and post-office address of the judgment creditor and the judgment creditor’s attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.
(3)  The proceeds of an execution may not be distributed to the judgment creditor earlier than 30 days after the date of mailing the notice of filing.  Title 25, Part 5, §25-9-504.

Stay.

(1) If the judgment debtor shows a 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 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 district court any ground upon which enforcement of a judgment of any district 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 a judgment that is required in this state.  Title 25, Part 5, §25-9-505.

Fees.

(1) Except as provided for in subsection (2), a person filing a foreign judgment shall pay to the clerk of court a fee of $60.
(2)  A person filing a judgment against a customer of a foreign capital depository, as defined in 32-8-103, shall pay to the clerk of court a fee of $2,500.
(3) Fees for docketing, transcription, or other enforcement proceedings must be as provided for judgments of the district court.  Title 25, Part 5, §25-9-506.

Optional procedure.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this part remains unimpaired.  Title 25, Part 5, §25-9-507.

Uniformity of interpretation.
This part must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.  Title 25, Part 5, §25-9-508.

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Inside Montana Foreign Judgments Law