Judgments – Foreign Judgments – South Dakota
“Foreign judgment” defined.
As used in this chapter, “foreign judgment” shall mean any judgment, decree, or order of a court of the United States or any of the several states which is entitled to full faith and credit in this state. Title 15, Chap. 16A, § 15-16A-1.
Filing of authenticated copy of foreign judgment – Treatment and effect.
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 circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit 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 circuit court of this state and may be enforced or satisfied in like manner. Title 15, Chap. 16A, § 15-16A-2.
Any person filing a foreign judgment shall pay to the clerk of courts the fee set by § 16-2-29. Fees for docketing, transcription or other enforcement proceedings shall be the same as for judgments of the circuit court of this state. Title 15, Chap. 16A, § 15-16A-3.
Affidavit of names and addresses.
At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of courts an affidavit setting forth the name and last known post-office address of the judgment debtor, and the judgment creditor. Title 15, Chap. 16A, § 15-16A-4.
Notice to judgment debtor – Docket entry – Contents of notice – Notice by creditor – Clerk’s failure to mail.
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. Title 15, Chap. 16A, § 15-16A-5.
Stay of enforcement pending appeal or during stay of execution – Proof of security.
If the judgment debtor shows the circuit 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. Title 15, Chap. 16A, § 15-16A-6.
Stay of enforcement on showing of ground – Security.
If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit 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 15, Chap. 16A, § 15-16A-7.
Right of action to enforce judgment preserved.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this chapter remains unimpaired. Title 15, Chap. 16A, § 15-16A-8.
Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Title 15, Chap. 16A, § 15-16A-9.
Citation of chapter.
This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act. Title 15, Chap. 16A, § 15-16A-10.