Registering a foreign judgment in Missouri
Registering a foreign judgment in Missouri is somewhat technical. Plus, many questions about the scope of the rules and statutes governing the registration of a foreign judgment are unanswered by Missouri courts.
Generally, Missouri law defines a foreign judgment as any judgment entered by a court within the United States outside of Missouri.[1] Registering a foreign judgment in Missouri allows the judgment creditor (the entity that obtained the judgment) to seize the assets of the judgment debtor (the entity against whom the judgment is entered) located in Missouri. A foreign judgment is registered by filing an authenticated copy of the judgment with the clerk of any circuit court in Missouri. A foreign judgment is generally authenticated by the clerk of the foreign court attesting that the copy of the judgment is an authenticate record of the foreign court and by a judge of that court certifying the clerk’s authentication.[2]
Along with an authenticated copy of the foreign judgment, the judgment creditor or the attorney of the judgment creditor must file an affidavit stating the name and last known post office address of each judgment creditor and judgment debtor. The Missouri circuit court clerk is then required to promptly mail notice of the filing to each judgment debtor at the address provided in the affidavit. The judgment creditor may likewise provide such notices.
The judgment debtor may, within 35 days of the date on which the notices of the filing were mailed, file defenses to the registration of the foreign judgment. Such allowed defenses include the foreign court’s lack of personal jurisdiction over the judgment debtor, the foreign court’s lack of subject matter jurisdiction, the foreign judgment is under appeal, and the judgment creditor’s failure to comply with the procedures required to register the judgment in Missouri.
Finally, registering a foreign judgment in Missouri makes the judgment a lien on real estate owned by the judgment debtor in the Missouri county where the foreign judgment is filed.[3] Registering a foreign judgment in Missouri also creates a lien on real estate owned by the judgment debtor in each other Missouri county where a transcript of the judgment is filed with the circuit court clerk of the other county.[4] The judge may credit her May likewise enforce the foreign judgment registered in Missouri by execution, levy, garnishment, and other enforcement procedures.
This article is for general informational purposes only, it is not intended as legal advice, and the information provided in this article may not apply to your particular circumstances. Therefore, you should not rely on the information provided in this article when registering a foreign judgment in Missouri. Instead, you should consult an attorney experienced in registering foreign judgments in Missouri for advice and guidance on your particular matter.
Michael John Sewell provides representation in real estate and business law matters. Please contact Michael at (314) 942-3232 or at michael@sewelllaw.net to discuss your litigation or other legal matters.
[1] 74.14
[2] 490.130
[3] 511.350; “A judgment so filed has the same effect…as a judgment of a circuit court of this state and may be enforced or satisfied in like manner.” 74.14.(b).
[4] 74.13; 511.440.
