Enforcing a Judgment Across State Lines: Kentucky’s Approach to Foreign Judgments
You won your lawsuit and obtained a judgment — but the debtor lives in another state, or has moved their assets across state lines. A Kentucky judgment is not automatically enforceable in Ohio, Indiana, Tennessee, or any other state. To collect, you need to domesticate the judgment in the state where the debtor’s assets are located. Kentucky has adopted a streamlined process for this, and understanding it can mean the difference between a judgment that collects and one that gathers dust.
The Uniform Enforcement of Foreign Judgments Act
Kentucky has adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), codified at KRS 426.950 through KRS 426.975. This statute provides a simplified process for registering judgments from other states in Kentucky courts — and most other states have adopted similar legislation, making it relatively straightforward to take a Kentucky judgment to another state.
Under the UEFJA, a judgment creditor can file an authenticated copy of the foreign judgment with the circuit court clerk in any Kentucky county. Once filed, the foreign judgment has the same effect as a Kentucky judgment and can be enforced using the same collection tools — wage garnishment, bank account garnishment, judgment liens, and debtor’s examinations.
Filing Requirements
To domesticate a foreign judgment in Kentucky, the judgment creditor must file an authenticated copy of the judgment (certified by the court that issued it), an affidavit setting forth the name and last known address of the debtor, and the name and address of the judgment creditor. The clerk of court will then send notice to the debtor that the judgment has been filed. The debtor has 30 days to challenge the domestication — after which the judgment becomes enforceable in Kentucky.
Grounds for Challenging a Domesticated Judgment
A debtor can challenge the domestication of a foreign judgment on limited grounds. The most common challenges are that the issuing court lacked personal jurisdiction over the debtor, the debtor was not properly served in the original action, the judgment was obtained by fraud, the judgment has been paid or discharged, or the statute of limitations for enforcement has expired in the state where the judgment was originally entered. The debtor cannot relitigate the merits of the underlying case — the Full Faith and Credit Clause of the U.S. Constitution requires Kentucky to recognize valid judgments from sister states.
Taking a Kentucky Judgment to Another State
The reverse process — taking a Kentucky judgment to another state for enforcement — follows a similar pattern. Most states have adopted some version of the UEFJA. You will need to obtain a certified copy of your Kentucky judgment, file it with the appropriate court in the debtor’s state, and comply with that state’s specific procedural requirements. An attorney licensed in the state where enforcement is sought can handle the domestication and subsequent collection efforts.
Judgment Liens Across State Lines
A judgment lien recorded in one state does not automatically attach to property in another state. If the debtor owns real property in a state other than where the judgment was entered, you must domesticate the judgment in that state and then record the judgment in the county where the property is located. Only then will the lien attach to the debtor’s real property in that state. This is a frequently overlooked step that can cost creditors significant recovery.
Federal Court Judgments
Judgments from federal courts present a slightly different situation. Under 28 U.S.C. § 1963, a federal judgment can be registered in any other federal district court by filing a certified copy. This provides a more streamlined process than domesticating a state court judgment, because the federal court system is a single system with nationwide authority. If you obtained your judgment in the U.S. District Court for the Eastern or Western District of Kentucky, you can register it in any federal district court in the country.
If you need to enforce a judgment across state lines — or defend against a foreign judgment being domesticated in Kentucky — contact Buckles Law Office at (859) 225-9540.
