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511.760. Uniform enforcement of foreign judgments law.

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Uniform enforcement of foreign judgments law. 511.760.1.The following terms as used in this sectionshall mean: (1)"Foreign judgment", any judgment, decree or order of acourt of the United States or of any state or territory which isentitled to full faith and credit in this state; (2)"Judgment debtor", the party against whom a foreignjudgment has been rendered; (3)"Levy", to take control of or create a lien uponproperty under any judicial writ or process whereby satisfactionof a judgment may be enforced against such property; (4)"Register", to file and record a foreign judgment in acourt of this state. 2.On application made within the time allowed for bringingan action on a foreign judgment in this state, any personentitled to bring such action may have a foreign judgmentregistered in any court of this state having jurisdiction in suchaction. 3.A verified petition for registration shall set forth acopy of the judgment to be registered, the date of its entry andthe record of any subsequent entries affecting it, allauthenticated in the manner authorized by the laws of the UnitedStates or of this state, and a prayer that the judgment beregistered.The clerk of the registering court shall notify theclerk of the court which rendered the original judgment thatapplication for registration has been made, and shall request himto file this information with the judgment. 4.At any time after registration the petitioner shall beentitled to have summons issued and served upon the judgmentdebtor as in an action brought upon the foreign judgment, in anymanner authorized by the law of this state for obtainingjurisdiction of the person. 5.If jurisdiction of the person of the judgment debtorcannot be obtained, a notice clearly designating the foreignjudgment and reciting the fact of registration, the court inwhich it is registered, and the time allowed for pleading, shallbe sent by the clerk of the registering court by registered mailto the last known address of the judgment debtor.Proof of suchmailing shall be made by the certificate of the clerk. 6.At any time after the registration and regardless ofwhether jurisdiction of the person of the judgment debtor hasbeen secured or final judgment has been obtained, a levy may bemade under the registered judgment upon any property of thejudgment debtor which is subject to execution or other judicialprocess for satisfaction of judgments. 7.If the judgment debtor fails to plead within thirty daysafter jurisdiction over his person has been obtained, or if thecourt after hearing has refused to set the registration aside,the registered judgment shall become a final personal judgment ofthe court in which it is registered. 8.Any defense, setoff or counterclaim which under the lawof this state may be asserted by the defendant in an action onthe foreign judgment, may be presented by appropriate pleadingsand the issues raised thereby shall be tried and determined as inother civil actions.Such pleadings must be filed within thirtydays after personal jurisdiction is acquired or withinthirty-five days after the mailing of the notice prescribed insubsection 5. 9.If the judgment debtor shows that an appeal from theoriginal judgment is pending or that he is entitled to, andintends to appeal therefrom, the court shall, on such terms as itdeems just, postpone the trial for such time as appearssufficient for the appeal to be concluded, and may set aside thelevy upon proof that the defendant has furnished adequatesecurity for satisfaction of the judgment. 10.An order setting aside a registration constitutes afinal judgment in favor of the judgment debtor. 11.An appeal may be taken by either party from judgment ororder sustaining or setting aside a registration on the sameterms as an appeal from a judgment or order of the same court. 12.If personal jurisdiction of the judgment debtor is notsecured within thirty days after the levy and he has not, withinthirty-five days after the mailing of the notice prescribed bysubsection 5, acted to set aside the registration or to assert asetoff or counterclaim the registered judgment shall be a finaljudgment quasi in rem of the court in which it is registered,binding upon the judgment debtor's interest in property leviedupon, and the court shall enter an order to that effect. 13.Sale under the levy may be held at any time after finaljudgment, either personal or quasi in rem, but not earlier exceptas otherwise provided by law for sale under levy on perishablegoods.Sale and distribution of the proceeds shall be made inaccordance with the laws of this state. 14.When a registered foreign judgment becomes a finaljudgment of this state, the court shall include as part of thejudgment interest payable on the foreign judgment under the lawof the state in which it was rendered, and the cost of obtainingthe authenticated copy of the original judgment.The court shallinclude as part of its judgment court costs incidental to theproceedings in accordance with the laws of this state. 15.Satisfaction, either partial or complete, of theoriginal judgment or of a judgment entered thereupon in any otherstate shall operate to the same extent as satisfaction of thejudgment in this state, except as to costs authorized bysubsection 14. 16.The right of a judgment creditor to bring an action toenforce his judgment instead of proceeding under this sectionremains unimpaired. 17.This section shall be so interpreted and construed as toeffectuate its general purpose to make uniform the law of thosestates which enact it. 18.This section may be cited as the "Uniform Enforcement ofForeign Judgments Law".(L. 1951 p. 358 §§ 1 to 18)(1974) "Supplemental judgment" purporting to make an originaljudgment for alimony final which did not give husbandnotice or opportunity for hearing violated husband's right todue process. Overman v. Overman (A.), 514 S.W.2d 625.(1974) Held this section not unconstitutional as denying defendantdue process of law by depriving him of property priorto hearing on validity of underlying claim. Bittner v. Butts(Mo.), 514 S.W.2d 556.(1976) In proceedings by judgment creditor, under Illinoissummary judgment law, to enforce judgment, held that defendant'sallegation that judgment was based on affidavit containingfraudulent misstatements alleged only intrinsic fraudand was not sufficient to authorize equitable relief againstenforcement of judgment under Illinois law and therefore fullfaith and credit clause precluded any such collateral inquiryby a Missouri Court. Young Electric, Inc. v. Susman (A.),533 S.W.2d 625.(1976) Held, a foreign judgment may be attacked for lack ofjurisdiction over the subject matter, failure to give due noticeand fraud in the procurement of jurisdiction. These are theattacks that can be made at the time of application for registrationof the foreign judgment. Corning Truck and RadiatorService v. J.W.M., Inc. (A.), 542 S.W.2d 520.(1976) Held, to vitiate a foreign judgment on grounds offraud in the procurement it must be shown that the fraud wasextrinsic or collateral to the issues tried. Intrinsic fraud isunavailing.Mekelburg v. Whitman (A.), 545 S.W.2d 89.
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  • Uniform enforcement of foreign judgments law.

    511.760. 1. The following terms as used in this sectionshall mean:

    (1) "Foreign judgment", any judgment, decree or order of acourt of the United States or of any state or territory which isentitled to full faith and credit in this state;

    (2) "Judgment debtor", the party against whom a foreignjudgment has been rendered;

    (3) "Levy", to take control of or create a lien uponproperty under any judicial writ or process whereby satisfactionof a judgment may be enforced against such property;

    (4) "Register", to file and record a foreign judgment in acourt of this state.

    2. On application made within the time allowed for bringingan action on a foreign judgment in this state, any personentitled to bring such action may have a foreign judgmentregistered in any court of this state having jurisdiction in suchaction.

    3. A verified petition for registration shall set forth acopy of the judgment to be registered, the date of its entry andthe record of any subsequent entries affecting it, allauthenticated in the manner authorized by the laws of the UnitedStates or of this state, and a prayer that the judgment beregistered. The clerk of the registering court shall notify theclerk of the court which rendered the original judgment thatapplication for registration has been made, and shall request himto file this information with the judgment.

    4. At any time after registration the petitioner shall beentitled to have summons issued and served upon the judgmentdebtor as in an action brought upon the foreign judgment, in anymanner authorized by the law of this state for obtainingjurisdiction of the person.

    5. If jurisdiction of the person of the judgment debtorcannot be obtained, a notice clearly designating the foreignjudgment and reciting the fact of registration, the court inwhich it is registered, and the time allowed for pleading, shallbe sent by the clerk of the registering court by registered mailto the last known address of the judgment debtor. Proof of suchmailing shall be made by the certificate of the clerk.

    6. At any time after the registration and regardless ofwhether jurisdiction of the person of the judgment debtor hasbeen secured or final judgment has been obtained, a levy may bemade under the registered judgment upon any property of thejudgment debtor which is subject to execution or other judicialprocess for satisfaction of judgments.

    7. If the judgment debtor fails to plead within thirty daysafter jurisdiction over his person has been obtained, or if thecourt after hearing has refused to set the registration aside,the registered judgment shall become a final personal judgment ofthe court in which it is registered.

    8. Any defense, setoff or counterclaim which under the lawof this state may be asserted by the defendant in an action onthe foreign judgment, may be presented by appropriate pleadingsand the issues raised thereby shall be tried and determined as inother civil actions. Such pleadings must be filed within thirtydays after personal jurisdiction is acquired or withinthirty-five days after the mailing of the notice prescribed insubsection 5.

    9. If the judgment debtor shows that an appeal from theoriginal judgment is pending or that he is entitled to, andintends to appeal therefrom, the court shall, on such terms as itdeems just, postpone the trial for such time as appearssufficient for the appeal to be concluded, and may set aside thelevy upon proof that the defendant has furnished adequatesecurity for satisfaction of the judgment.

    10. An order setting aside a registration constitutes afinal judgment in favor of the judgment debtor.

    11. An appeal may be taken by either party from judgment ororder sustaining or setting aside a registration on the sameterms as an appeal from a judgment or order of the same court.

    12. If personal jurisdiction of the judgment debtor is notsecured within thirty days after the levy and he has not, withinthirty-five days after the mailing of the notice prescribed bysubsection 5, acted to set aside the registration or to assert asetoff or counterclaim the registered judgment shall be a finaljudgment quasi in rem of the court in which it is registered,binding upon the judgment debtor's interest in property leviedupon, and the court shall enter an order to that effect.

    13. Sale under the levy may be held at any time after finaljudgment, either personal or quasi in rem, but not earlier exceptas otherwise provided by law for sale under levy on perishablegoods. Sale and distribution of the proceeds shall be made inaccordance with the laws of this state.

    14. When a registered foreign judgment becomes a finaljudgment of this state, the court shall include as part of thejudgment interest payable on the foreign judgment under the lawof the state in which it was rendered, and the cost of obtainingthe authenticated copy of the original judgment. The court shallinclude as part of its judgment court costs incidental to theproceedings in accordance with the laws of this state.

    15. Satisfaction, either partial or complete, of theoriginal judgment or of a judgment entered thereupon in any otherstate shall operate to the same extent as satisfaction of thejudgment in this state, except as to costs authorized bysubsection 14.

    16. The right of a judgment creditor to bring an action toenforce his judgment instead of proceeding under this sectionremains unimpaired.

    17. This section shall be so interpreted and construed as toeffectuate its general purpose to make uniform the law of thosestates which enact it.

    18. This section may be cited as the "Uniform Enforcement ofForeign Judgments Law".

    (L. 1951 p. 358 §§ 1 to 18)

    (1974) "Supplemental judgment" purporting to make an original judgment for alimony final which did not give husband notice or opportunity for hearing violated husband's right to due process. Overman v. Overman (A.), 514 S.W.2d 625.

    (1974) Held this section not unconstitutional as denying defendant due process of law by depriving him of property prior to hearing on validity of underlying claim. Bittner v. Butts (Mo.), 514 S.W.2d 556.

    (1976) In proceedings by judgment creditor, under Illinois summary judgment law, to enforce judgment, held that defendant's allegation that judgment was based on affidavit containing fraudulent misstatements alleged only intrinsic fraud and was not sufficient to authorize equitable relief against enforcement of judgment under Illinois law and therefore full faith and credit clause precluded any such collateral inquiry by a Missouri Court. Young Electric, Inc. v. Susman (A.), 533 S.W.2d 625.

    (1976) Held, a foreign judgment may be attacked for lack of jurisdiction over the subject matter, failure to give due notice and fraud in the procurement of jurisdiction. These are the attacks that can be made at the time of application for registration of the foreign judgment. Corning Truck and Radiator Service v. J.W.M., Inc. (A.), 542 S.W.2d 520.

    (1976) Held, to vitiate a foreign judgment on grounds of fraud in the procurement it must be shown that the fraud was extrinsic or collateral to the issues tried. Intrinsic fraud is unavailing. Mekelburg v. Whitman (A.), 545 S.W.2d 89.

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