Judgments – Foreign Judgments – Nebraska

Act, how cited.
Sections 25-1587.01 to 25-1587.09 shall be known  and  may  be  cited as the Nebraska Uniform Enforcement of Foreign Judgments Act.  §25-1587.01

Foreign judgment, defined.
For  purposes  of  the  Nebraska Uniform Enforcement of Foreign Judgments 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.  §25-1587.02

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 on or after January 1, 1994, in the office of the clerk of any  court  of  this  state  having jurisdiction  of  such action.  The clerk shall treat the foreign judgment in the same manner as a judgment of a 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.  §25-1587.03

Notice of filing.

(a)  At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and 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.
(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 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.  §25-1587.04

Stay.

(a) 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.
(b)  If  the judgment debtor shows the court any ground upon which enforcement of a judgment of any 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.  §25-1587.05

Fees.
Any person filing a foreign judgment or a judgment from another court in this state shall pay to the clerk of the district or  county  court a fee as provided in section 33-106 or 33-123 for filing a transcript of judgment. Fees  for docketing,  transcription, or other enforcement proceedings shall be as provided for judgments of the courts of this state.  §25-1587.06

Optional procedure.
The right of a judgment creditor to bring an action to enforce his or her judgment  instead  of  proceeding under the Nebraska Uniform Enforcement of Foreign Judgments Act remains unimpaired.  §25-1587.07

Uniformity of interpretation.
The  Nebraska Uniform Enforcement of Foreign Judgments Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.  §25-1587.08

Foreign judgments registered under prior law.
Sections 25-1587.01 to 25-1587.08 do not apply to foreign judgments registered prior to January 1, 1994, pursuant to sections  25-1587 to  25-15,104  as such sections existed immediately prior to such date. Sections 25-1587 to25-15, 104 shall remain  effective on and after January 1, 1994, only for the purpose of enforcement of foreign   judgments registered prior to such date pursuant to sections 25-1587 to 25-15,104 as such sections  existed  immediately prior to such date.  §25-1587.09