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Which State’s Law Applies When Attacking Foreign Judgments?

Posted by: on Thu, Feb 05, 2015

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  The Nevada supreme court in Clint Hurt & Associates vs. Silver State Oil and Gas Co. Inc., 111 Nev. 1086, 901 P.2d 703 (Nev. 1995) explained that:

 

“The full faith and credit clause of the United States Constitution demands that Nevada courts respect the final judgment of a state, absent a showing of fraud, lack of due process, or lack of
jurisdiction in the rendering state.   (Citations omitted).  We conclude that the district court erred when it held that the respondents were denied due process.  Service through return receipt postage is reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.  (Citations omitted).  … The defenses preserved by Nevada’s Uniform Enforcement of Foreign Judgments Act and available under NRCP 60(b) are limited to those defenses that a judgment creditor may constitutionally raise under the full faith and credit clause and which are directed to the validity of the foreign
judgment. (Citations omitted)  Virginia law determines whether the West Virginia court properly
exercised jurisdiction over the immediate case.  The respondents cite no West Virginia law that deprives the West Virginia court of jurisdiction over then.  The respondents should have raised the issue with the West Virginia court whether the respondents’ interest was in personal or real
property.  We will not, as requested by respondents, look behind the West Virginia judgments.  We conclude that the district court erred when it refused to enforce the West Virginia judgments on the ground that the respondents did not receive adequate notice;…”

 

Hence, a defendant may try to assert that he was deprived of due process of law and that he received no notice of the pendency of the foreign proceedings filed
action against him.  However, the plaintiff will then assert that the defendant needs to bring a
motion to set aside the judgment in the rendering state and not in Nevada.

 

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on real estate, secured finance and litigation.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.