Richmond, VA asked in Civil Litigation for Virginia

Q: Which states laws apply after a civil suit judgment has been domesticated for satisfying judgment?

If someone is a defendant in a civil suit that is in a different state than where they live in and they lose that suit, which state laws take precedence in terms of taking property to satisfy judgment? Would it be the laws of the state where the civil suit and judgment occurred, or would it be the laws of the state where the judgment became domesticated?

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

A: The state in which the original judgment was entered has original jurisdiction over the judgment and the parties for post-judgment enforcement actions. When an original judgment is domesticated under the Full Faith and Credit Clause of the US Constitution in another state in the US, that court has ancillary jurisdiction for proceedings regarding the enforcement of the judgment. Both proceedings can move forward at the same time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.