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Bill > H1166


MA H1166

MA H1166
To establish the uniform enforcement of foreign judgments


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to establish the uniform enforcement of foreign judgments. The Judiciary.

AI Summary

This bill, titled the Massachusetts Uniform Enforcement of Foreign Judgments Act, establishes a standardized process for enforcing judgments made by courts outside of Massachusetts. It defines a "foreign judgment" as any court order from the United States or elsewhere that must be respected under the principle of full faith and credit, and it clarifies terms like "judgment creditor" (the person owed money) and "judgment debtor" (the person who owes money). Under this act, a judgment creditor can file a certified copy of a foreign judgment in a Massachusetts district court, and once filed, it will be treated like a local judgment, subject to the same legal procedures and defenses. The bill requires the creditor to provide the debtor's address, and the court clerk will then notify the debtor of the filing. Enforcement of the foreign judgment cannot begin for 30 days after filing, and the court can delay enforcement if the debtor is appealing the judgment or if there are grounds to stay enforcement similar to those for Massachusetts judgments, provided the debtor offers security for the debt. Importantly, this new process does not prevent a judgment creditor from filing a separate lawsuit to enforce their judgment.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

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