Richmond, VA asked in Civil Litigation for Virginia

Q: Ancillary Jurisdiction versus Original Jurisdiction and Post-judgment enforcement?

If a state with original jurisdiction in the judgment of a lawsuit has different laws for collecting judgment than the ancillary jurisdiction in a state in which the judgment was domesticated, then which state's laws apply for collection. For example, if someone's home is exempt property in Texas from judgment, but only up to $5,000 of personal property is exempt in Virginia, then which law applies to what a creditor can attempt to collect if the original jurisdiction is in Texas and the domestication is in Virginia? Would the creditor with original jurisdiction in Texas have to use Texas laws of collections, or would they be able to use Virginia's laws of collections because the judgment has been domesticated? For clarity sake if answers could use the Texas and Virginia example, then that would be helpful.

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: During a post-judgment enforcement proceeding, the laws of the jurisdiction in which the enforcement is proceeding will apply to that proceeding. It would defy jurisprudence for the laws of a different jurisdiction to apply to the post-judgment enforcement.

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