Missouri Revised Statutes
Chapter 511 - Judgments
Section 511.760 - Uniform enforcement of foreign judgments law.

Effective - 28 Aug 1951
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 rendered;
(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 state.
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 registered.
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 5.
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 this state.
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 Judgments Law".
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(L. 1951 p. 358 §§ 1 to 18)
(1974) "Supplemental judgment" purporting to make an original judgment for alimony final which did not give husband notice or opportunity for hearing violated husband's right to due process. Overman v. Overman (A.), 514 S.W.2d 625.
(1974) Held this section not unconstitutional as denying defendant due process of law by depriving him of property prior to hearing on validity of underlying claim. Bittner v. Butts (Mo.), 514 S.W.2d 556.
(1976) In proceedings by judgment creditor, under Illinois summary judgment law, to enforce judgment, held that defendant's allegation that judgment was based on affidavit containing fraudulent misstatements alleged only intrinsic fraud and was not sufficient to authorize equitable relief against enforcement of judgment under Illinois law and therefore full faith and credit clause precluded any such collateral inquiry by a Missouri Court. Young Electric, Inc. v. Susman (A.), 533 S.W.2d 625.
(1976) Held, a foreign judgment may be attacked for lack of jurisdiction over the subject matter, failure to give due notice and fraud in the procurement of jurisdiction. These are the attacks that can be made at the time of application for registration of the foreign judgment. Corning Truck and Radiator Service v. J.W.M., Inc. (A.), 542 S.W.2d 520.
(1976) Held, to vitiate a foreign judgment on grounds of fraud in the procurement it must be shown that the fraud was extrinsic or collateral to the issues tried. Intrinsic fraud is unavailing. Mekelburg v. Whitman (A.), 545 S.W.2d 89.

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXV - Civil Procedure and Limitations

Chapter 511 - Judgments

Section 511.010 - Term "real estate" construed.

Section 511.020 - Judgment defined.

Section 511.030 - Judgment, against whom rendered, effect of — court's powers as to minor or disabled person.

Section 511.040 - Judgment on a counterclaim or cross-claim when court orders separate trials.

Section 511.050 - Judgment of non pros., when entered.

Section 511.060 - When set aside.

Section 511.070 - Confession of judgment entered, when.

Section 511.080 - Form of confession.

Section 511.090 - Defendant identified to court.

Section 511.100 - Confession by attorney in fact.

Section 511.110 - Interlocutory judgment entered upon default.

Section 511.120 - When set aside.

Section 511.130 - Judgment interlocutory against only part of the defendants.

Section 511.140 - Judgment by default, how proceeded on to final judgment.

Section 511.150 - Assessment of damages.

Section 511.160 - Damages not to exceed amount claimed.

Section 511.170 - Petition for review, grounds.

Section 511.180 - Bar to petition for review.

Section 511.190 - Judgment absolute after three years.

Section 511.200 - Judgment set aside — contents of petition.

Section 511.210 - Petition, how served.

Section 511.220 - If answer or motion filed, cause to proceed.

Section 511.230 - Judgment for defendant to be what.

Section 511.240 - Sale of property to innocent purchaser not affected by vacating judgment.

Section 511.250 - Motion to set aside judgment must be filed within three years.

Section 511.260 - Imperfections for which judgment will not be reversed or affected.

Section 511.270 - Imperfections cured by amendment.

Section 511.280 - Specific performance of judgment.

Section 511.290 - Issuance of writs of possession by court.

Section 511.300 - Effect of judgment for conveyance.

Section 511.310 - Damages in lieu of performance of judgment.

Section 511.320 - Copy of judgment decreeing conveyance recorded — effect of failure to record.

Section 511.330 - Exceptions to section 511.320.

Section 511.340 - Performance of judgment, enforcement.

Section 511.350 - Liens on real estate established by judgment or decrees in courts of record, exception — associate circuit court, procedure required — no administrative amendments.

Section 511.360 - Commencement, extent and duration of lien — applicability of duration of lien.

Section 511.370 - Scire facias to revive, may issue, when.

Section 511.380 - Revival to take effect from rendition.

Section 511.390 - Scire facias before lien expires, effect of.

Section 511.400 - Scire facias, how served and when triable.

Section 511.410 - Publication ordered, when.

Section 511.420 - Publication of order.

Section 511.430 - Judgment of revival, when.

Section 511.440 - Transcript of judgment a lien in another county, when — procedure.

Section 511.450 - Judgment docketed and recorded, when.

Section 511.470 - Such liens to have the force of other judgment liens.

Section 511.480 - Execution and revival sued out where judgment was rendered — except magistrate judgments.

Section 511.490 - Clerk — failure to perform duty — penalty.

Section 511.500 - Abstract of judgment filed with circuit clerk to establish lien on real property — priority of liens (counties and City of St. Louis).

Section 511.510 - Duty of clerk to furnish and enter abstracts — satisfaction of judgments — liability of clerk.

Section 511.530 - Lien of judgment rendered by district No. 2 of Marion County circuit court.

Section 511.540 - Death of a plaintiff, survival of judgment.

Section 511.550 - Death of a defendant, survival of judgment.

Section 511.560 - Judgment revived by or against administrator de bonis non.

Section 511.570 - Satisfaction of judgment.

Section 511.580 - Who may enter satisfaction.

Section 511.590 - Satisfaction, where entered.

Section 511.600 - When made by agent, his authority to be filed.

Section 511.610 - Effect of acknowledgment.

Section 511.620 - Refusal of party to satisfy — proceedings.

Section 511.630 - Clerks shall keep book for docketing judgments.

Section 511.640 - Docket shall contain what entries.

Section 511.650 - Further entries to be made in docket.

Section 511.660 - Space left to enter satisfaction.

Section 511.670 - Clerk to enter disposition of judgments.

Section 511.680 - Failure of clerk to perform duty — penalty.

Section 511.690 - Assignment of judgments.

Section 511.700 - Payment to assignor, when valid.

Section 511.710 - Execution on assigned judgment, how issued.

Section 511.720 - Assignee to have right of action.

Section 511.730 - Execution of delivery bond to plaintiff's judgment.

Section 511.740 - Submitting a controversy without action.

Section 511.750 - Enforcement of judgment.

Section 511.760 - Uniform enforcement of foreign judgments law.

Section 511.770 - Citation of law — purpose.

Section 511.773 - Definitions.

Section 511.775 - Judgment final — appeal not to affect.

Section 511.778 - Enforceability of judgment, when.

Section 511.780 - Judgment — not conclusive, when — need not be recognized, when.

Section 511.783 - Lack of personal jurisdiction not to affect judgment, when.

Section 511.785 - Appeals, stay of proceedings granted, when.

Section 511.787 - Recognition of judgment in situations not covered by uniform law.