Foreign Judgments

Introduction paragraph for Foreign Judgements

In Virginia, a "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. VA Code §8.01-465.1.

Our partner, F. Paul Maloof, specializes in the area of foreign judgment enforcement. He is licensed in and actively practices foreign judgment domestication and enforcement cases in Northern Virginia, the state of Maryland and Washington, DC. He has worked on cases for Vantage Travel Services, Inc. (Boston, MA), Credit Acceptance Corporation (Southfield, MI), Regional Acceptance Corporation, a wholly owned subsidiary of BB&T Bank (North Carolina), Malloy Lincoln Mercury, Inc. (Woodbridge, VA) and Tracker Finance Corporation (Falls Church, VA).

Furthermore, a copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of the Commonwealth of Virginia may be filed in the office of the clerk of any circuit court of any city or county of the Commonwealth of Virginia upon payment of the fee prescribed. The clerk is required to treat the foreign judgment in the same manner as a judgment of the circuit court of any city or county of the Commonwealth of Virginia. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of any city or county of the Commonwealth of Virginia and may be enforced or satisfied in like manner. VA Code §8.01-465.2.

In addition, at the time of the filing of the foreign judgment, the judgment creditor or his lawyer is required to make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. Attorney Maloof has prepared this affidavit on numerous occasions.

Moreover, it is required that promptly upon the filing of the foreign judgment and the affidavit, the clerk mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the court’s docket. The notice is required to include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in the Commonwealth of Virginia. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk will not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. VA Code §8.01-465.3.

If you are a lawyer, in-house counsel, paralegal or an individual who has a judgment in a jurisdiction other than Virginia, Maryland or Washington, DC and have definitive knowledge that the judgment debtor owns property, is a resident of, or is employed in one of these jurisdictions and also have questions about a matter that is related to foreign judgments and need representation, contact Mr. Maloof.