If I live in FL and an NJ court issues a default judgment, do they need to domesticate it in FL?
This is specific to NJ small claims. I was not served at my current address, and there was no due diligence done to confirm that this was actually my address. Following NJ small claims rules, the court mailed the complaint and the summons via certified mail to the address that was provided in an affidavit by the plaintiff. It was uploaded to the docket as "unclaimed," which is to be expected. Because I was not aware of the lawsuit, I could not respond and prevent the eventual default judgment against me. They also filed a writ of execution against goods and chattels. All of my assets originated in Florida. They garnished my bank account that was made in Florida, but it's a national bank. My overall, longer question is: do they need to domesticate the judgment here in Florida before trying to levy my physical assets, and if so, what specific law is this under? What about my bank account?
This is not an issue a lawy person can handle themselves without risking botching it all up. You need to retain a lawyer ASAP to address this issue, likely starting NJ if you are going to challenge the service.
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Your bank account can be garnished in NJ without domestication if you bank at a bank that has banking facilities in NJ; banks such as Bank of America, Wells Fargo, Chase Bank, etc. In order for them to levy physical assets like your car or a boat, the judgment would have to be domesticated into Florida.
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