Legal Question in Civil Litigation in Arkansas
Collecting an Out-of-State Judgment
I received a final judgment in Bowie County Texas against a defendant in Miller County Arkansas. Will my collection efforts (with papers notarized and authorized by a Bowie County Judge) be valid in Miller County Arkansas? If not what should I do?
2 Answers from Attorneys
Re: Collecting an Out-of-State Judgment
You need to have the Bowie County clerk prepare a Congressional Affidavit and a certified copy of the judgment. The affidavit with judgment attached then goes to Arkansas for filing under the Uniform Foreign Judgments Act. You'll need to engage the services of an Arkansas lawyer to assist you.
Re: Collecting an Out-of-State Judgment
No. Your judgment in Texas is not enforceable in Arkansas until it is "domesticated" there. There is a uniform transfer of judgments law that will allow you to transfer the judgment from one state and pursue a collection in another state. You should retain counsel in Arkansas to assist you with the transfer.
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