Legal Question in Real Estate Law in Indiana

entering AZ judgment into county record in Indiana

Received a judgment in AZ court against former tenant for back rent and property damage. His home in Indiana is for sale so want to enter judgment in that Indiana county so when his home sells, along with other liens, my judgment will be paid. What type of judgment do I need and what is process to enter into Indiana county record?


Asked on 9/18/06, 7:05 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: entering AZ judgment into county record in Indiana

You will need to obtain a certified copy of the Az. order and forward it to an Indiana attorney as soon as possible. There will have to be a court proceeding in Indiana.

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Answered on 9/18/06, 7:25 pm
James Jenkins Jenkins Law Center PLC

Re: entering AZ judgment into county record in Indiana

Yuo have an answer from an Indiana attorney. Go with that.

Some states require an "exemplified" judgment be filed with the "foreign" (other state) court. An exemplified copy is certified by the clerk and a judge as well. Check out the requirements carefully, since if any glitch exists in your filing, you lose. In general, most states require some sort of certified or exemplified filing with the court of the out-of-state judgment, then you get a certification or order of that state court making it a judgment of Indiana, then record it with the county recorder.

This is generic information for your general education. Use an Indiana attorney to make sure it is done right. Use an attorney who specializes in collections, not a real estate attorney. Your case is one of debt collection, not real estate, even though you are ultimately seeking to have a lien against property. It is a debt collection case, or a judgment collection in other words.

Good luck,

James D. Jenkins

P.S. You may receive a free copy of my CD, "Your Estate Plan" by calling 480.835.1500. Like you, I am in Arizona.

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Answered on 9/19/06, 1:05 am


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