Current through 131st (2023-2024) Legislature Chapter 684
Section 8907 - Motion to vacate registration1.Thirty days to vacate after notice. Not later than 30 days after notice of registration is served under section 8906, the person against whom the judgment was registered may file a motion to vacate the registration. The court for cause may provide for a shorter or longer time for filing the motion. [2021, c. 689, §3(NEW).]
2.Contents of motion. A motion under this section may assert only:A. A ground that could be asserted to deny recognition of the judgment under chapter 759; or [2021, c. 689, §3(NEW).]B. A failure to comply with a requirement of this Act for registration of the judgment. [2021, c. 689, §3(NEW).] [2021, c. 689, §3(NEW).]
3.Enforcement not stayed. A motion filed under this section does not itself stay enforcement of the registered judgment. [2021, c. 689, §3(NEW).]
4.Registration vacated; enforcement act void. If the court grants a motion under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void. [2021, c. 689, §3(NEW).]
5.Denial of recognition of judgment. If the court grants a motion under this section on a ground under subsection 2, paragraph A, the court also shall render a judgment denying recognition of the Canadian judgment. A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under chapter 759. [2021, c. 689, §3(NEW).]
Added by 2022, c. 689,§ 3, eff. 8/8/2022, Chapter eff. 1/1/2023 by its own terms.