Also known as: money judgements · monetary judgment · monetary judgements · judgment for money · money award
Written by attorneys · grounded in primary & secondary sources — see below
A court's final determination of the rights and obligations of the parties that awards a fixed sum of money payable from one party to another. The award creates an enforceable obligation distinct from injunctive or other forms of relief.
Mina Mehta was subject to a child-support order issued by a State X tribunal. After she relocated to State Y, State Y conducted a custody proceeding that explicitly declined to modify support. Arrears had accrued before that proceeding. The State X tribunal serves as an initiating tribunal to request enforcement of the money judgment for those pre-determination arrears against Mina's wages in State Y.
Meridian Motors obtained a money judgment against Matrix Technologies in Alabama state court. Matrix posted a supersedeas bond and stayed execution pending appeal. The appellate court affirmed the judgment without modification. Alabama law automatically imposes a ten-percent penalty on the affirmed amount plus costs.
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Mirage Hotels filed an action in the landlord-tenant branch seeking only possession of premises leased to Madison Meyers for nonpayment of rent. Madison attempted to assert a counterclaim for damages arising from alleged breaches by the landlord. The branch rules bar such a counterclaim when the landlord seeks no money judgment for rent.
Malcolm McKinley sued the State of Florida seeking only prospective injunctive relief to enforce gaming compact provisions. Florida moved to dismiss on Eleventh Amendment grounds. The court held that the absence of a request for a money judgment does not remove the constitutional bar to suit against the state.
Maya Malik commenced a custody proceeding in Wisconsin against Miguel Mendoza, who was domiciled in Ohio and had not been personally served there. The Wisconsin court entered a custody decree. The decree lacks the jurisdictional foundation that would support a money judgment against a nonresident without personal service or appearance.
Millennium Media obtained a money judgment in Oregon against a nonresident defendant who owned land in Oregon but received no personal service and did not appear. The defendant later challenged the judgment in a collateral proceeding. The judgment is void for lack of jurisdiction over the person.
A money judgment is enforced by a writ of execution unless the court directs otherwise. The procedure on execution and in supplementary proceedings must follow the law of the state where the court sits, subject to any applicable federal statute.
No. After default a secured party may reduce its claim to a money judgment and still retain and enforce its security interest in the collateral until the debt is satisfied. The remedies are cumulative and may be pursued simultaneously.
A tribunal that issued a child-support order may request enforcement of a money judgment for arrears that accrued before any determination that an order from another state is controlling, provided the original order remains unmodified.
No. The Eleventh Amendment bars suit against a state regardless of whether the plaintiff seeks a money judgment or only injunctive relief.
A money judgment against a nonresident requires personal service or the defendant's appearance. Publication or other substituted service is insufficient to confer jurisdiction over the person for an in personam money judgment.
…of such legislation in enforcing the contract of a non-resident can arise. The question here respects only the validity of a money judgment rendered in one State, in an action upon a simple contract against the resident of another, without service of process upon him, or his appearance therein. Judgment affirmed.…