Domestication, Registration And Confirmation Of Judgments

Oftentimes, businesses and individuals obtain a hard-fought judgment from a state court, federal court or arbitral forum. Kaplan Legal Services, LLC, is routinely called upon to domesticate, register or confirm awards and judgments in Georgia to enforce against the judgment defendant. These matters may come from all 50 states, foreign countries, or arbitral forums (FINRA, AAA, JAMS, or ICC). Our lawyers will help you navigate the process of domestication, registration or confirmation, so that your business has the opportunity to enforce an arbitral award or judgment in Alabama or Georgia.

Understanding How The Process Works

The domestication, registration or confirmation is the process of making the arbitral award or judgment from another jurisdiction (not Alabama or Georgia) enforceable in the state that your judgment defendant may hold assets. Domestication of a judgment is somewhat akin to transferring the case to a new state court jurisdiction in which you hold a belief that assets may be held, while registration of a judgment commonly refers to federal cases. Typically, one obtains a court order domesticating a judgment, while a clerk of court may only stamp the registered judgment.

In the domestication process, an array of issues may be raised by the nonmoving party by statute. These legal issues include proper service of process, whether the prior proceedings are against public policy of the local jurisdiction in which enforcement is sought, or fraud occurred in the prior proceedings. Confirmation of an arbitral award is the process by which a motion or petition is filed in a state or federal court to convert the award to a final judgment. In the confirmation process, the non-moving party may attempt to vacate, modify or correct the arbitral award. In most instances, a hearing to domesticate, register or confirm does not require a hearing.

To proceed with enforcement by domestication, registration, or confirmation, an exemplified judgment or certified copy of the award is generally required. The judgment or award should be filed in the county’s state or superior court in which the assets or property of the judgment defendant is located. Typically, the clerk’s office prefers to have an original of the exemplified judgment or certified copy filed of record. While the clerk’s office generally sends out by certified U.S. Mail a copy of the domestication or registration action, it is always a good idea to send your copy of the pleadings by certified U.S. Mail to the judgment defendant. Typically, an order is then entered thirty (30) days after the motion is filed unless the judgment defendant raises defenses.

Once the order to domesticate, register or confirm is entered, Kaplan Legal Services, LLC, is prepared to assist your business with enforcement. Enforcement may include regarding the judgment as a lien (Fi.Fa. or Certificate of Judgment) in multiple counties, garnishment, discovery, or sheriff’s levy. When a creditor domesticates a judgment, it sends a clear message to the debtor that they are serious about collecting the debt. This move often encourages the debtor to pay the full amount to avoid further collection actions.

We Can Help You Recover The Money You Are Owed

Let us help you recover the debts owed to your business efficiently and effectively. Contact Kaplan Legal Services, LLC, today to discuss your commercial debt collection needs. Call us at 404-479-0610 or email us to schedule a consultation.