Winning a judgment against a debtor is a crucial step toward getting paid, but what happens when the debtor moves out of state? Enforcing a judgment across state lines can be complex, but it’s far from impossible. Creditors who don’t understand the process may give up too soon or face delays that cost money.
If your debtor has left the state, this guide will walk you through the steps to enforce your judgment effectively—even when the debtor is in another jurisdiction.
Why Enforcing Judgments Out of State Can Be Challenging
Each state has its own court system, rules, and enforcement procedures. A judgment obtained in one state typically isn’t automatically enforceable in another. This means you can’t just send a garnishment order or lien request to the debtor’s new state and expect compliance.
The key to enforcement is domestication—getting the judgment recognized by a court in the debtor’s new state so you can use that state’s enforcement tools.
Step 1: Determine the Debtor’s New Location
The first step is to confirm where the debtor now lives or works. If you don’t already know:
- Use skip tracing services
- Check public records like property ownership, vehicle registration, or voter registration
- Conduct a debtor’s examination if possible
- Check social media or other online sources
Accurate information is vital before starting the domestication process.
Step 2: Understand the Laws of the New State
Every state has its own procedures for recognizing out-of-state judgments, often governed by the Uniform Enforcement of Foreign Judgments Act (UEFJA) or similar statutes. These laws outline how you must file and what documents are required.
Key points:
- Some states require you to register the foreign judgment with the local court.
- Others require you to file a new lawsuit (called an action on the judgment) to domesticate it.
- You must provide certified copies of the original judgment and proof it is still valid (not expired).
Check the statute of limitations and renewal rules in the new state before proceeding.
Step 3: File for Domestication or Registration
Typically, you’ll file the necessary paperwork with the appropriate court in the new state, which may include:
- A petition or application for domestication/registration
- Certified copy of the original judgment
- Affidavit or statement verifying the judgment’s validity
- Notice to the debtor (served according to local rules)
Once the judgment is recognized, it becomes enforceable as if it were originally entered in that state.
Step 4: Use Local Enforcement Tools
After domestication, you gain access to the new state’s enforcement mechanisms, which can include:
- Wage garnishment
- Bank levies
- Property liens
- Seizure or sale of assets
Because the judgment is now recognized locally, you can move forward with collection efforts using familiar tools.
Step 5: Keep Track of Deadlines and Renewals
The domesticated judgment will have its own enforcement timeline in the new state. Make sure to:
- Monitor any renewal deadlines to keep the judgment active
- Stay on top of local court requirements and fees
Failing to renew or comply with local rules can jeopardize your enforcement efforts.
Tips for Successful Out-of-State Judgment Enforcement
- Hire local counsel: Consider retaining an attorney licensed in the debtor’s new state to navigate local procedures.
- Gather thorough documentation: Ensure all court orders and filings are properly certified and complete.
- Communicate clearly: Inform the debtor of enforcement actions to encourage voluntary payment.
- Be patient but persistent: Cross-state enforcement can take time but is often worthwhile.
What If the Debtor Has Moved Multiple Times?
If the debtor frequently relocates, tracking them down and enforcing judgments becomes more challenging. Use professional skip tracers and consider periodic debtor’s examinations to uncover new information.
Final Thoughts
A debtor’s move out of state doesn’t mean your judgment is worthless. With proper steps to domesticate and enforce your judgment, you can pursue collection across state lines effectively.
Understanding the legal landscape and following the correct procedures is crucial. When in doubt, working with a judgment collection attorney who knows interstate enforcement laws can save time and increase your chances of success. We recommend Judgement Collection Attorney.
