Foreign Judgments
Statutes
"A ""foreign judgment"" means any judgment, decree, or order of a court of the United States, or of any court of another state, that is entitled to full faith and credit in this state. ORC § 2329.021
A copy of any foreign judgment may be filed with the clerk of any court of common pleas, and the clerk shall treat the foreign judgment in the same manner as a judgment of a court of common pleas. A foreign judgment 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 common pleas and may be enforced or satisfied in same manner as a judgment of a court of common pleas. ORC § 2329.022
Filing of a foreign judgement requires notice. ORC § 2329.023
Requires that Sections 2329.021 to 2329.027 shall be construed to effectuate the general purpose to make uniform the law of those states that enact a uniform enforcement of foreign judgments act. ORC § 2329.027 "
Cases
"The Act is intended to be a speedy and economical method of recognizing foreign judgments consistent with constitutional requirements (Rion v. Mom and Dad’s Equipment Sales and Rentals, Inc., 116 Ohio App.3d 161, 687 N.E.2d 311 (3rd Dist. Mercer County 1996) and to give full faith and credit to foreign judgments as required by the Full Faith and Credit Clause of the United States Constitution (28 U.S.C.A. 1738).
This is merely one option available to a judgment creditor, rather than an exclusive method to enforce a judgment. Rion v. Mom and Dad’s Equipment Sales and Rentals, Inc., 116 Ohio App.3d 161, 687 N.E.2d 311 (3rd Dist. Mercer County 1996).
Thus, a failure of a party seeking enforcement of such a judgment to comply with the requirements of such a statute precludes that party from obtaining full faith and credit of the foreign judgment in the Ohio common pleas court. Vyn-All Corp. v. Window I, Inc., 105 Ohio App.3d 451, 664 N.E.2d 563 (11th Dist. Lake County 1995). "
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState