Notice of filing

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§8004. Notice of filing

1.  Affidavit to be filed; contents.  At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.  

[PL 1975, c. 335 (NEW).]

2.  Notification of judgment debtor by clerk.  Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall 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 docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this State. 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 shall not effect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.  

[PL 1975, c. 335 (NEW).]

3.  Thirty day waiting period.  No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until 30 days after the date the judgment is filed.  

[PL 1975, c. 335 (NEW).]

4.  Foreign protection orders.  Subsections 2 and 3 do not apply if the foreign judgment is an order that qualifies as a protection order as defined by 18 United States Code, Section 2266 or is the equivalent of a protection from abuse order under Title 19-A, Part 4 or a protection from harassment order under Title 5, chapter 337-A.  

[PL 2009, c. 202, §1 (NEW).]

SECTION HISTORY

PL 1975, c. 335 (NEW). PL 2009, c. 202, §1 (AMD).


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