Notice And Affidavit Of Foreign Judgment Registration {160}

AOC-160 Rev. 1-08 Page 1 of 2 Doc. Code: NAF Case No. _____________________ Court ________________________ of Commonwealth of Kentucky Court of Justice www.courts.ky.net KRS 426.960 Name(s) and address(es) of Judgment Debtor(s): Notice aNd affidavit foreigN JudgmeNt registratioN vs. County _______________________ Name and address of Judgment Creditor: Notice To Judgment Debtor(s) An authenticated copy of a foreign judgment, decree or order against you was entered with the Clerk of this court on the "Judgment entry date" below. Twenty (20) days after the "Judgment entry date" below, execution or other process for enforcement of the judgment may be issued against you at the request of the Judgment Creditor. The Clerk will treat the foreign judgment in the same manner as a judgment of any court of Kentucky. The entered judgment has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a court of Kentucky. It also may be enforced or satisfied like a judgment of a court of Kentucky. The name and address of the judgment creditor are above. The name and address of the judgment creditor's lawyer (if any) are below. This Notice has been mailed to the judgment debtor promptly upon the filing of the affidavit below and the foreign judgment described below. Name of foreign Court: _________________________________________ Circuit Clerk Date of foreign judgment: By: ____________________________________________ D.C. Amount of foreign judgment: $ Judgment entry date: __________________________________ Affidavit of Creditor or of Creditor's Attorney The undersigned affiant is counsel for judgment creditor or is the judgment creditor. The names and last known post office addresses of the judgment debtor(s) and of the judgment creditor are provided above. Subscribed and sworn to before me on: _____________________________________________ My commission expires on: _____________________________________________ _____________________________________________ Notary Public American LegalNet, Inc. www.FormsWorkFlow.com _____________________________________________ Affiant Name and address of judgment creditor or of judgment creditor's counsel AOC-160 Rev. 1-08 Page 2 of 2 Doc. Code: NAF iNstructioNs to JudgmeNt creditors aNd their attorNeys 1. 2. 3. Complete all blanks on the front of this form, except the Case No., the court division (if any) and the judgment entry date. The Clerk will provide these. Sign the Affidavit as "affiant" before a Notary Public, and have the notary sign as well. Provide this form with all the copies to the Circuit Clerk in the county where you want the form to be filed, together with: a. b. One (1) copy of the foreign judgment, decree or order to be registered, authenticated by the foreign court according to the act of Congress, AND A civil action filing fee. The Clerk will inform you of the amount of the fee. 4. 5. The Clerk will stamp, sign and date the front of this form and return two (2) copies to you. The Clerk will mail one copy to the judgment debtor. You may also mail one copy to the judgment debtor if you wish. Twenty (20) days after entry of the foreign judgment and this form by the Clerk, execution for enforcement of the judgment may then be issued provided no stay of execution or enforcement has been granted by the court. iNstructioNs to circuit clerks 1. 2. Verify proper completion of the form by the creditor or its counsel, including notarization of the affiant's signature. Examine the foreign judgment to see that it has been authenticated according to the act of Congress by the Clerk of the foreign court or has been authenticated in accordance with the statutes of this state. This is usually done with a separate overlay sheet with a seal (see for example Kentucky's Form AOC-065 or AOC-060), but the format varies from state to state. Collect the appropriate filing fee just as for a civil action. Refer to the "amount of the foreign judgment" on the face of this document to determine whether to file it as a Circuit or District civil action, and to determine the filing fee. Assign a case number (and division, if any). Apply "entered" stamp to the foreign judgment and "filed" stamp to the Notice and Affidavit of Foreign Judgment Registration (Form AOC-160); add date and initials; and enter on docket sheet. Serve notice of entry as follows: a. Make a copy of the foreign judgment and separate one copy of AOC-160 and mail both by first class mail to the judgment debtor as addressed on front of AOC-160. Certified mail is recommended. If certified mail is used, collect postage fees as set forth in the "FEES AND COSTS" section of the Kentucky Circuit Court Clerks Manual. Mail the documents by certified mail, return receipt requested, with instructions to deliver to addressee only and to show the address where delivered and the date of delivery on the return receipt. CR 4.01(1)(a). IN ORDER TO ACCOMPLISH PROPER SERVICE, CHECK THE RESTRICTED DELIVERY BOX ON THE 'RETURN' RECEIPT (Green Card). If AOC-160 is folded in thirds at the indicator line on the left margin, it will fit in a standard business window envelope, showing the judgment debtor's name and address. Detach the two (2) bottom copies of AOC-160 and return them to the judgment creditor or its counsel (if any). Place foreign judgment and top copy of AOC-160 in case file. 3. 4. 5. 6. b. c. 7. 8. Note on the case docket the date that the judgment debtor was mailed a copy of the foreign judgment and AOC-160. Once twenty (20) calendar days have elapsed from the date this form and the foreign judgment were entered and if no stay of execution or enforcement has been granted by the court, then the judgment creditor may seek execution or other process for its enforcement, as with any civil judgment entered in your court. No other order or judgment shall be required. You will treat the foreign judgment in the same manner as a judgment of any court of this state. American LegalNet, Inc. www.FormsWorkFlow.com