civil attorney who cross state lines

What is the purpose of enforcing a judgment across state lines?

Enforcing a judgment across state lines involves providing the foreign court with certain assurances that the court judgment from the issuing state is valid. That is, the issuing court must have followed proper constitutional procedures and the court judgment will not undermine the public policy of the foreign state.

Where do out of state judgments happen?

Although this means that a Texas court may enter a judgment against a Texas resident or Texas-based business, the Texan’s property which can be seized to satisfy the judgment may be located out-of-state. ...

What is the second step in a foreign judgment?

The second step, which must occur at the same time the foreign judgment is filed, is the submission of sworn evidence identifying the name and last known post office address of the judgment debtor and the judgment creditor.

How to domesticate a judgment in Texas?

Domesticating a judgment in Texas involves first filing and authenticating the foreign judgment with a clerk of a Texas court, see TEX. CIV. PRAC. & REM. CODE §35.003, and then submitting sworn evidence identifying the name and last known post office address of the judgment debtor and the judgment creditor, see TEX. CIV. PRAC. & REM. CODE §35.004.

Why is Texas a good example of a foreign judgment?

Texas itself provides a good example. This is because Texas enforces the judgments of other state courts. Under the Texas Uniform Enforcement of Foreign Judgments Act (the “Texas UEFJA”) a “foreign judgment” has “the same effect ...

How to authenticate a foreign judgment in Texas?

Step 1. The first step is to file and authenticate the foreign judgment with a clerk of a Texas court. A foreign judgment can be authenticated “in accordance with an act of congress or a statute of this state,” which then “may be filed in the office of the clerk of any court of competent jurisdiction of this state.”. See TEX. CIV. PRAC. & REM.

Can a judgment be enforced in another state?

A judgment in one state can be enforced in another state because decisions of a court in State A are given “full faith and credit” in State B under the United States Constitution and accompanying federal and state statutes. The need for enforcement of judgments in states other than where the case was determined has to do with “personal ...

Who is Martin Law Firm?

The Martin Law Firm, P.C. routinely works with out of state law firms and companies to domesticate foreign judgments in Pennsylvania or New Jersey. We act quickly to give our clients the best chance of success. Contact us today to discuss how we can help you at 215-646-3980. We offer free case evaluations.

What happens when a debtor fails to respond to a demand letter?

Trying to collect a debt can be frustrating. When demand letters and phone calls fail to solicit a response from the debtor, creditors who want to get paid must obtain a money judgment against the debtor.

What are the remedies for a California judgment in Pennsylvania?

The remedies include post judgment discovery such as written interrogatories and/or request for production of documents; third party subpoena duces tecum; third party investigator searches for assets; and other common remedies. These methods are necessary to locate assets of the debtor and use those assets to satisfy the judgment.

What is a California creditor?

The creditor is a business in California that sold goods to the Pennsylvania debtor, but the debtor refuses to pay for the goods. The California creditor files a lawsuit against the debtor in California and is awarded a California judgment. Since the Pennsylvania debtor and its assets are in Pennsylvania, any attempt to enforce ...

Is a money judgment in Pennsylvania futile?

Since the Pennsylvania debtor and its assets are in Pennsylvania, any attempt to enforce that money judgment in Pennsylvania, without formal domestication of the judgment in Pennsylvania, will be futile.

Can a confession of judgment be used for expedited judgment?

In some instances, a Confession of Judgment may be used for the entry of an expedited money judgment. Unfortunately, obtaining a money judgment is only the beginning because judgments do not automatically compel a debtor to pay. Therefore, another step must be taken – enforcement of the judgment. So how do you enforce a money judgment if ...

Can a California creditor collect a judgment in Pennsylvania?

The California creditor did this without having to incur additional costs and fees that are associated with starting a new lawsuit against the deb tor and the creditor can proceed with post judgment collection remedies in Pennsylvania.

What is the federal law against stalking?

postal service. The federal anti-stalking law expressly includes the use of an electronic communications system as a means of violating the federal anti- stalking law .

How to violate anti-stalking laws?

In order to violate the federal, as opposed to a state, anti-stalking law, a person must either travel across state lines, into or out of tribal land, or engage in interstate commerce in the commission of the crime. Most people charged with the federal crime of stalking have engaged in interstate commerce by simply using a telephone, the Internet, or the U.S. postal service. The federal anti-stalking law expressly includes the use of an electronic communications system as a means of violating the federal anti-stalking law.

How is Stalking Punished?

A person convicted of stalking under federal law faces a possible prison sentence not to exceed five years, a fine not to exceed $250,000, or both. (18 USC § § 2261, 3571.) Where the defendant's stalking conduct results in the death of or physical injury to another person, a conviction may lead to a sentence of up to life in prison.

How to prove intent to stalk a person?

Often, intent is proven by introducing the defendant's own threatening voicemail messages, emails, texts, and/or Facebook page postings.

Why are anti-stalking laws rejected?

Several federal appellate courts have rejected challenges to the anti-stalking statute, when the challenges were based on free speech as protected by the First Amendment. The reason given by the courts for rejecting this challenge, in general, is that the statute bars conduct and is not addressed primarily to speech. This was the reasoning used by the U.S. Court of Appeals for the Ninth Circuit in a June 2014 decision, U.S. v. Osinger, No. 11-50338, upholding the anti-stalking statute. And, where communications by a stalking defendant are "integral" to the crime of stalking (such as verbal or written threats), the defendant cannot successfully challenge the law based on the First Amendment.

What is harassment in court?

Courts have defined harassment as it is commonly understood: repeated words, conduct, or action that serve no legitimate purpose and are directed at a specific person to annoy, alarm, or distress that person.

What is the intent of a person to kill, injure, harass, intimidate, or place the victim?

acts with the intent to kill , injure, harass, intimidate, or place the victim under surveillance in order to kill, injure, harass, or intimidate that person . (18 USC § 2261A.) In order to violate the federal, as opposed to a state, anti-stalking law, a person must either travel across state lines, into or out of tribal land, ...