Winning a court judgment is a significant legal victory—but what happens if the debtor lives in a different state than where the judgment was entered? Can you still enforce it? The short answer is yes—but not automatically. To enforce an out-of-state judgment, you must first take legal steps to “domesticate” it in the state where the debtor lives or has assets.
In this post, we’ll break down what it means to enforce a judgment across state lines, how the process works, and what pitfalls to avoid.
Understanding the Problem: Judgments Are State-Specific
Each state operates its own court system, and a judgment entered in one state does not automatically carry legal authority in another. That means if you win a case in, say, California, but the debtor moves to Texas, you can’t just start garnishing wages or seizing bank accounts in Texas with your California judgment.
Before you can take enforcement action in the debtor’s new state, you must go through a process known as domestication.
Step 1: The Full Faith and Credit Clause
The U.S. Constitution’s Full Faith and Credit Clause requires states to recognize the judicial rulings of other states. In practical terms, this means that a valid judgment from one state must be honored by the courts of another—but you still have to follow the proper procedure to register that judgment.
The process is governed by the Uniform Enforcement of Foreign Judgments Act (UEFJA), which has been adopted in most states.
Step 2: What Is Domestication?
Domestication is the legal process of registering your out-of-state judgment in the state where you intend to enforce it. Once completed, your judgment is treated as if it were originally entered in that state, giving you access to the full range of enforcement tools—like wage garnishment, bank levies, and property liens.
Step 3: How to Domesticate a Judgment
Although the process varies slightly by state, it typically includes the following steps:
1. Obtain a Certified Copy of the Judgment
From the court that issued the original ruling.
2. File it with the Court in the New State
You’ll need to file the certified judgment with the court in the county where the debtor resides or owns assets. This is often accompanied by:
- An affidavit stating that the judgment is final and valid
- A notice of filing sent to the debtor
- Payment of a filing fee
3. Wait Out Any Objection Period
Some states impose a waiting period—usually 20–30 days—before enforcement can begin. This gives the debtor a chance to object, but they cannot relitigate the original case. Objections are generally limited to technical issues, like claims that the judgment has already been paid or was not properly entered.
Step 4: Begin Enforcement
Once the domesticated judgment is recognized by the court, you can begin enforcing it using all the legal tools available in that state:
- Wage garnishment
- Bank levies
- Property liens
- Asset seizures
- Post-judgment discovery
It’s important to note that you must follow the enforcement laws of the state where the judgment is being enforced, not the state where it was originally entered.
Real-World Example
Let’s say you win a $25,000 judgment in Illinois against a former business partner who later relocates to Florida. They ignore the judgment and refuse to pay. Here’s what you would do:
- Obtain a certified copy of the Illinois judgment.
- File it with a circuit court in the Florida county where the debtor now resides.
- Notify the debtor of the filing.
- Wait out any statutory period.
- Begin wage garnishment or levy a Florida bank account.
Once the process is complete, Florida treats your Illinois judgment as if it were its own.
What If the Debtor Has Assets in Multiple States?
You may need to domesticate your judgment in each state where the debtor has assets if you want to enforce in multiple locations. While this can be time-consuming, it ensures that you can pursue collection wherever the debtor has property, business interests, or income.
Statutes of Limitation Still Apply
Be aware that enforcing a judgment is subject to time limits. Each state has its own statute of limitations on how long a judgment is enforceable (commonly 5–20 years, and often renewable). If you wait too long to domesticate or enforce, your ability to collect could expire.
When you domesticate a judgment, the enforcement time clock starts based on the new state’s rules, so in some cases, this can even extend your ability to collect.
Final Thoughts
Yes, you can enforce a judgment from another state—but not without taking the proper steps. Domestication is a formal legal process, but once completed, it gives you full access to the enforcement tools in the debtor’s current state.
If you’re dealing with an out-of-state debtor who refuses to pay, don’t let distance or legal complexity stop you. With the right strategy—and sometimes a judgment collection attorney—you can turn your out-of-state judgment into real financial recovery. We recommend Judgement Collection Attorney.
