Ky. Cir. Ct. Clerks' Manual FOREIGN JUDGMENT

44 FOREIGN JUDGMENT

KRS 426.950 to 426.975

Circuit or District Court Process Map

 A “foreign judgment” means any judgment, decree, or order of a court of the United States

or of any other court is entitled to full faith and credit in this Commonwealth. KRS 426.950.

 A judgment creditor may bring an action to enforce the judgment instead of proceeding

herein. KRS 426.975.

44.1 Authentication

The foreign judgment must be authenticated in accordance with the Act of Congress

(something similar to AOC Form 065, Certification of Court Records under Act of Congress)

or with Kentucky law (something similar to AOC Form 060, Certification of Court Records).

KRS 426.955.

44.2 Affidavit

Judgment creditor or his attorney must also make and file with the clerk an Quick Reference

affidavit setting forth the name and last known post office address of the

judgment debtor, the judgment creditor, and judgment creditor's attorney, if AOC 160

any, in the Commonwealth. Use AOC Form 160, Notice and Affidavit of

Foreign Judgment Registration. KRS 426.960.

44.3 Filing Fees

1. Collect the appropriate filing fees, as set forth in the Accounting Manual Quick Reference

and give a receipt. The filing fee will be the same amount as if the same

suit was originally filed in this state. KRS 426.970. Collect fees

2. Do not apply the FILED stamp or process the foreign judgment until the

filing fees are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing

fees unless the action is filed in the name of the Commonwealth.

FOREIGN JUDGMENT

44.4 Entry

1. Apply the ENTERED stamp to the judgment and the FILED stamp to the Quick Reference

notice and affidavit of foreign judgment registration; add the date and File, date, initial

your initials. CR 5.05(3). Enter, date, initial

2. Assign to a division using the procedure in your local court rules. Refer to

Case Add section of KyCourts Manual for instructions on opening the case. Case type OTH

Use case type OTH.

3. Generate the next case for circuit civil CI or district civil C cases or use the Circuit Civil CI or

next pre-numbered file folder. See Civil Actions. District Civil C

4. Enter the judgment, notice, and affidavit by completing document screens Document type

using document types NAF and JRF.

NAF and JRF

NOTE: Once entered, a foreign judgment has the same effect and is subject

to the same procedures, defenses, and proceedings for reopening,

vacating, or staying as a Kentucky judgment and the foreign judgment may

be enforced or satisfied in a like manner. KRS 426.955.

5. After you have entered the judgment, serve notice of entry to all parties. NOE

FOREIGN JUDGMENT

44.5 Notice of Registration

1. Separate one (1) copy of AOC Form 160, Notice and Affidavit of Foreign AOC Form 160

Judgment Registration, and mail with the copy of the judgment to the Mail copy to

judgment debtor at the address given in the notice and affidavit. KRS judgment debtor

426.960(2). Certified mail is recommended.

NOTE: If certified mail is used, collect postage fees as set forth in the

Accounting Manual. See Certified Mail for additional details.

2. Return the two (2) bottom copies of AOC Form 160 to the judgment

Return copies

creditor or his/her counsel (if any).

3. The judgment creditor may mail a notice of the entry of the judgment to

the judgment debtor, and file proof of mailing with the clerk. Stamp the

proof of mailing FILED, add date and your initials. CR 5.05(3). Make a

notation in the memo field of the document screen where the judgment is File, date, initial

entered and file in the case file.

4. If the foreign judgment is a decree of dissolution, mail AOC Form 160,

Mail copy of AOC

Notice and Affidavit of Foreign Judgment Registration and the foreign

Form 160

judgment to the opposing party, leaving the judgment amount blank.

5. Place judgment and top copy (original) of AOC Form 160 in case file.

6. Close the case by completing the disposition date (same as filing date); Place copy in case

disposition type (OTH); and judge at disposition fields on the case screen. file

7. No execution or other process for enforcement shall issue until twenty (20)

days after entry of the judgment. KRS 426.960(3). Disposition type

OTH

44.6 Other Foreign Orders

Some other chapters of this manual address other types of foreign orders which may be filed in your

court. Refer to the links below for specific instructions.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

UIFSA UNIFORM INTERSTATE FAMILY SUPPORT ACT

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT