Within What Time Frame Can A Foreign Judgment Be Registered In Missouri
The following are MO statutes:
511.760. Uniform enforcement of foreign judgments law. —
1. The following terms as used in this section shall mean:
(1) "Foreign judgment", any judgment, decree or order of a court of the
United States or of any state or territory which is entitled to full faith
and credit in this state;
(2) "Judgment debtor", the party against whom a foreign judgment has been
(3) "Levy", to take control of or create a lien upon property under any
judicial writ or process whereby satisfaction of a judgment may be enforced
against such property;
(4) "Register", to file and record a foreign judgment in a court of this
2. On application made within the time allowed for bringing an action on
a foreign judgment in this state, any person entitled to bring such action
may have a foreign judgment registered in any court of this state having
jurisdiction in such action.
3. A verified petition for registration shall set forth a copy of the
judgment to be registered, the date of its entry and the record of any
subsequent entries affecting it, all authenticated in the manner authorized
by the laws of the United States or of this state, and a prayer that the
judgment be registered. The clerk of the registering court shall notify the
clerk of the court which rendered the original judgment that application
for registration has been made, and shall request him to file this
information with the judgment.
4. At any time after registration the petitioner shall be entitled to
have summons issued and served upon the judgment debtor as in an action
brought upon the foreign judgment, in any manner authorized by the law of
this state for obtaining jurisdiction of the person.
5. If jurisdiction of the person of the judgment debtor cannot be
obtained, a notice clearly designating the foreign judgment and reciting
the fact of registration, the court in which it is registered, and the time
allowed for pleading, shall be sent by the clerk of the registering court
by registered mail to the last known address of the judgment debtor. Proof
of such mailing shall be made by the certificate of the clerk.
6. At any time after the registration and regardless of whether
jurisdiction of the person of the judgment debtor has been secured or final
judgment has been obtained, a levy may be made under the registered
judgment upon any property of the judgment debtor which is subject to
execution or other judicial process for satisfaction of judgments.
7. If the judgment debtor fails to plead within thirty days after
jurisdiction over his person has been obtained, or if the court after
hearing has refused to set the registration aside, the registered judgment
shall become a final personal judgment of the court in which it is
8. Any defense, setoff or counterclaim which under the law of this state
may be asserted by the defendant in an action on the foreign judgment, may
be presented by appropriate pleadings and the issues raised thereby shall
be tried and determined as in other civil actions. Such pleadings must be
filed within thirty days after personal jurisdiction is acquired or within
thirty-five days after the mailing of the notice prescribed in subsection
9. If the judgment debtor shows that an appeal from the original judgment
is pending or that he is entitled to, and intends to appeal therefrom, the
court shall, on such terms as it deems just, postpone the trial for such
time as appears sufficient for the appeal to be concluded, and may set
aside the levy upon proof that the defendant has furnished adequate
security for satisfaction of the judgment.
10. An order setting aside a registration constitutes a final judgment in
favor of the judgment debtor.
11. An appeal may be taken by either party from judgment or order
sustaining or setting aside a registration on the same terms as an appeal
from a judgment or order of the same court.
12. If personal jurisdiction of the judgment debtor is not secured within
thirty days after the levy and he has not, within thirty-five days after
the mailing of the notice prescribed by subsection 5, acted to set aside
the registration or to assert a setoff or counterclaim the registered
judgment shall be a final judgment quasi in rem of the court in which it is
registered, binding upon the judgment debtor's interest in property levied
upon, and the court shall enter an order to that effect.
13. Sale under the levy may be held at any time after final judgment,
either personal or quasi in rem, but not earlier except as otherwise
provided by law for sale under levy on perishable goods. Sale and
distribution of the proceeds shall be made in accordance with the laws of
14. When a registered foreign judgment becomes a final judgment of this
state, the court shall include as part of the judgment interest payable on
the foreign judgment under the law of the state in which it was rendered,
and the cost of obtaining the authenticated copy of the original judgment.
The court shall include as part of its judgment court costs incidental to
the proceedings in accordance with the laws of this state.
15. Satisfaction, either partial or complete, of the original judgment or
of a judgment entered thereupon in any other state shall operate to the
same extent as satisfaction of the judgment in this state, except as to
costs authorized by subsection 14.
16. The right of a judgment creditor to bring an action to enforce his
judgment instead of proceeding under this section remains unimpaired.
17. This section shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states which enact it.
18. This section may be cited as the "Uniform Enforcement of Foreign
511.778. Enforceability of judgment, when. —
Except as provided in section 511.780, a foreign country judgment meeting
the requirements of section 511.775 is conclusive between the parties to
the extent that it grants or denies recovery of a sum of money. The foreign
country judgment is enforceable in the same manner as the judgment of a
sister state which is entitled to full faith and credit.
(L. 1951 p. 358 §§ 1 to 18)
511.780. Judgment — not conclusive, when — need not be recognized, when. —
1. A foreign country judgment is not conclusive if:
(1) The judgment was rendered under a system which does not provide
impartial tribunals or procedures compatible with the requirements of due
process of law;
(2) The foreign court did not have personal jurisdiction over the
(3) The foreign court did not have jurisdiction over the subject matter.
2. A foreign country judgment need not be recognized if:
(1) The defendant in the proceedings in the foreign court did not receive
notice of the proceedings in sufficient time to enable him to defend;
(2) The judgment was obtained by fraud;
(3) The claim for relief on which the judgment is based is repugnant to
the public policy of this state;
(4) The judgment conflicts with another final and conclusive judgment;
(5) The proceeding in the foreign court was contrary to an agreement
between the parties under which the dispute in question was to be settled
otherwise than by proceedings in that court; or
(6) In the case of jurisdiction based only on personal service, the
foreign court was a seriously inconvenient forum for the trial of the
(L. 1984 H.B. 957 § 4)