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?

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • 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.

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