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Re: [tips_and_tricks] Continuing Personal Jurisdiction

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  • John Wilde
    The long arm statutes would apply. The state where the judgment was entered would have continuing jurisdiction, plus the judgment can be enforced in your
    Message 1 of 4 , Aug 30, 2003
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      The long arm statutes would apply.  The state where the judgment was entered would have continuing jurisdiction, plus the judgment can be enforced in your current state under the uniform foreign judgments act.  In most states a judgment is subject to some sort of statute of limitations.  In Arizona it is 5 years, unless before the end of the 5 years, the judgment creditor renews the judgment by recording it in the country recorder's office in the county where the judgment was originally obtained.  From their if the creditor discovers that the debtor has moved out of state, the creditor can under the law of the debtors new state enforce the judgment through the uniform foreign judgment act of the state where the debtor now lives.

          So look up the limitations for enforcing judgments in the state where the judgment was obtained and then look up your current state's uniform foreign judgments act.

      g'day
      John Wilde

      Denise and Scott Harclerode wrote:

      Carol,

      It would seem that the contract the court was enforcing would have to be completely executed for them to lose all ability to enforce the contract.  An action may have to be brought in a federal court to enforce it now but it would seem that the “system” would certainly attempt to do so.

      Scott

      Can a court that once had jurisdiction of a party by way of contacts 
      (and general appearance) within the state, continue to have
      jurisdiction over that party forever (for the purpose of enforcing the
      judgement entered while the party was present in that state)?

      Once the party no longer resides in the state and has no further
      contacts with that state (conducts no business, owns no property,
      etc.) won't the issuing state (of the order) lose jurisdiction.  Any
      case law or authorities offered would be greatly appreciated.

      Thanks

      Carol
       

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    • bridget gladden
      Denise and Scott Harclerode wrote: Carol, It would seem that the contract the court was enforcing would have to be completely executed
      Message 2 of 4 , Sep 8, 2003
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        Denise and Scott Harclerode <cshrclrd@...> wrote:

        Carol,

        It would seem that the contract the court was enforcing would have to be completely executed for them to lose all ability to enforce the contract.  An action may have to be brought in a federal court to enforce it now but it would seem that the �system� would certainly attempt to do so.

         

        Scott

        i unscribe

         

        Can a court that once had jurisdiction of a party by way of contacts
        (and general appearance) within the state, continue to have
        jurisdiction over that party forever (for the purpose of enforcing the
        judgement entered while the party was present in that state)?

        Once the party no longer resides in the state and has no further
        contacts with that state (conducts no business, owns no property,
        etc.) won't the issuing state (of the order) lose jurisdiction.  Any
        case law or authorities offered would be greatly appreciated.

        Thanks

        Carol




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