In order to docket a foreign (out-of-state) civil judgment, the following is required:
- A certified copy or abstract of the judgment from the foreign jurisdiction;- An affidavit from the Plaintiff or Plaintiff's counsel, stating the last known address of the Plaintiff and Defendant; and- Payment of $25.00 in cash, check, or money order made payable to the Clerk of Circuit Court. .
So basically all they have to do is mail a certified copy, the Affidavit and payment of $25 to the Clerk.
There is no established percentage of foreign judgments are recorded. Each file is evaluated on a case by case basis, and the decision is made by the individual lender. In cases where it would be pointless to do so because the debtor has no other assets, they would not pursue it. If they have done an asset search and it shows that the debtor has assets that may be readily seized to apply to any deficiency judgment, it is likely they will pursue it.
We were under the impression that it was a lengthy (perhaps cumbersome) procedure for an out of state bank to domesticate the judgement in VA. This information was obtained from our bankruptcy attorney. Can you be more specific about the process for VA particularly for foreclosure deficiency judgements? Thanks.
The law in Virginia does not distinguish between a "copy of a foreign judgment" and an "abstract of the judgment" in terms of recording a foreign judgment. Additionally, it does not separate creditor judgments based on the underlying source. A personal injury award judgment is treated the same as a deficiency judgment or a property damage judgment.
The essence of the procedure in Virginia is that the creditor or the creditor's attorney obtains an "exemplified judgment from another state, and records it in the circuit court of any city or county in Virginia, and gives the debtor notice of that recording. The creditor must provide the clerk with an affidavit setting forth the last know address of the judgment debtor and the address of the judgment creditor. If the debtor does not respond to set aside the judgment within twenty one (21) days from the filing date, the judgment will then be enforceable as if it were a Virginia judgment.
If the procedure has been correctly followed, and the judgment properly filed, the foreign judgment may be enforced in Virginia for twenty (20) years from the date of the domestication, no matter what statutory limitations applied in the state of origin.
Moreover, that judgment, once filed, may be extended in the same manner as if it were a Virginia judgment, pursuant to Virginia Code §8.01-251.
So no, it is not a very difficult procedure to get the judgment recorded and recognized.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).