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Chapter 17 - Enforcement of Foreign Judgments

Chapter 17 - Enforcement of Foreign Judgments

43.1701 Short title.


This chapter may be cited as the “Uniform Enforcement of Foreign Judgments Act”.

43.1702 Definition.


In this chapter, “foreign judgment” means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this Territory.

43.1703 Filing-Status.


A copy of any foreign judgment authenticated in accordance with an act of Congress or the laws of this Territory may be filed in the office of the clerk of the High Court of American Samoa. The clerk shall treat the foreign judgment in the same manner as a judgment of the High Court of American Samoa. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the High Court of American Samoa and may be enforced or satisfied in like manner.

43.1704 Filing-Notice.


(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer or representative shall make and file with the clerk of the High Court an affidavit setting forth the name and last known post office addresses of the judgment debtor and the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office addresses of the judgment creditor and the judgment creditor’s lawyer or representative, if any, in this Territory. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by clerk shall not affect the enforcement proceeding if proof of mailing by the judgment creditor has been filed.

43.1705 Judgment not to be enforced for 30 days after filing.


No execution or other process for enforcement of a foreign judgment filed under this chapter may issue until 30 days after the date the judgment is filed.

43.1706 Enforcement stayed when.


(a) If the judgment debtor shows the High Court of American Samoa that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(b) If the judgment debtor shows the High Court of American Samoa any ground upon which enforcement of a judgment of any court of this territory would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment as is required in this territory.

43.1707 Fees.


A person filing a foreign judgment shall pay to the clerk of the High Court $25. Fees for docketing, transcription, or other enforcement proceedings shall be the same as those provided for judgments of the High Court of American Samoa.

43.1708 Right to sue for enforcement of judgment not impaired.


The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this chapter shall remain unimpaired.

43.1709 Interpretation of chapter.


This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states and territories of the United States which enact it.