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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 02A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
Chapter : 2A:82-3.
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2A:82-3. Defenses to sealed instruments
In any claim upon a sealed instrument, a party may plead and set up, in defense thereto, fraud in the consideration of the contract upon which recovery is sought, or want or failure of consideration, as if the instrument were not sealed. In such cases the seal shall be only presumptive evidence of sufficient consideration, which presumption may be rebutted as if the instrument were not sealed.
2A:82-4.1. Recital in record that person was summoned or appeared; estoppel
The recital in the record of any proceeding upon a foreign judgment, including a judgment of any court out of this State, that the defendant, or person sought to be affected by the judgment was summoned or appeared, shall not prevent or estop the defendant or person affected from proving that he was not summoned or did not appear.
L.1983, c. 350, s. 1, eff. Sept. 29, 1983.
2A:82-4.2. Jurisdiction; burden of proof
In any proceeding upon a foreign judgment, including a judgment of any court out of this State, the plaintiff, or person seeking to enforce the judgment, shall have the burden of proving that the requirements, statutory and otherwise, of the foreign jurisdiction have been met, conferring jurisdiction of the subject matter of the foreign proceeding on the foreign court or tribunal and over the defendant or person sought to be affected by the judgment.
L.1983, c. 350, s. 2, eff. Sept. 29, 1983.
2A:82-4.3. Limitations of actions; burden of proof
In any proceeding upon a foreign judgment, including a judgment of any court out of this State, the plaintiff, or person seeking to enforce the judgment shall have the burden of proving that the underlying cause of action which gave rise to the awarding of the foreign judgment was commenced in the foreign jurisdiction within the period required by statute of this State for the commencement of a like action in this State.
L.1983, c. 350, s. 3, eff. Sept. 29, 1983.
2A:82-4.4. Award; interest; penalties
A court, in any proceeding upon a foreign judgment, including a judgment of any court out of this State, may award judgment for the plaintiff, or person seeking to effect the judgment, including any interest on the judgment, but shall not include as a part thereof any penalty, whether of a penal nature or otherwise, imposed in connection with the foreign judgment.
L.1983, c. 350, s. 4, eff. Sept. 29, 1983.
2A:82-4.5. Judgments governed by Revised Uniform Reciprocal Enforcement of Support Act; inapplicability of act
The provisions of this act shall not be applicable to a foreign judgment governed by the ~Revised Uniform Reciprocal Enforcement of Support Act (1968),~ P.L.1981, c. 243 (C. 2A:4-30.24 et seq.).
L.1983, c. 350, s. 5, eff. Sept. 29, 1983.
2A:82-4.6. Severability
If any one or more sections, clauses, sentences or parts of this act shall for any reason be questioned in any court, and shall be adjudged unconstitutional or invalid, that judgment shall not affect, impair or invalidate the remaining provisions hereof, but shall be confined in its operation to the specific provisions held unconstitutional or invalid.
L.1983, c. 350, s. 6, eff. Sept. 29, 1983.
2A:82-4.7. Meaning of ~any proceeding upon a foreign judgment, including a judgment of any court out of this state~
As used in this act, ~any proceeding upon a foreign judgment, including a judgment of any court out of this State~ means a judgment under the Philadelphia Wage and Net Profits Tax Ordinance (City Code Section 19-508).
L.1983, c. 350, s. 7, eff. Sept. 29, 1983.
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