344 P.3d 1100
Okla. Civ. App.2015Background
- Ford extended credit to Kurz for a vehicle; Kurz defaulted and Ford repossessed and sold the vehicle.
- Missouri default judgment in Ford's favor was entered on June 26, 2007.
- Ford registered the Missouri judgment in Murray County, Oklahoma on November 8, 2011 under the Uniform Enforcement of Foreign Judgments Act (UEFJA).
- Kurz sought to vacate the Missouri judgment or to stay execution and claimed exemption from garnishment.
- At a 2012 hearing, the trial court held that §95(A)(2) three-year limit applied and ran before registration; Ford appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §95 applies to a foreign judgment registered under the Act | Ford: §95 governs actions on foreign judgments, not registration offenses. | Kurz: registration under the Act is not a civil action; §95 does not apply. | Three-year limit does not apply to registered foreign judgments. |
Key Cases Cited
- Producers Grain Corp. v. Carroll, 546 P.2d 285 (Okla. Civ. App. 1976) (§95 applies to actions on foreign judgments, not registrations under the Act)
- Hamid v. Sew Original, 645 P.2d 496 (Okla. 1982) (relevance to procedural timing in enforcement actions)
- Drllevich Construction, Inc. v. Stock, 958 P.2d 1277 (Okla. 1998) (treats registered foreign judgments as enforceable like state judgments)