National Union Fire Insurance Co. of Pittsburgh v. Greene
In National Union Fire Insurance Co. of Pittsburgh v. Greene, 195 Ariz. 105, 985 P.2d 590 (App. 1999), the husband, while a Texas resident, signed a promissory note that was to be governed by the laws of New York.
The husband defaulted, and the guarantor of his note paid his obligation and then obtained a New York judgment against the husband. 195 Ariz. at 106, PP 1-3, 985 P.2d at 591.
Several years later and after the husband and his wife had moved to Arizona, the guarantor/creditor domesticated the New York judgment in Arizona. Id. at 107, P 5, 985 P.2d at 592.
The couple moved to quash the writs of garnishment but conceded that the husband's obligation on the promissory note would have been a community debt had it been incurred in Arizona. Id. at PP 6-7.
The Court held that the New York judgment could be enforced in Arizona by garnishment of the husband's community property wages even though the judgment creditor had not joined or named the debtor's wife in the underlying lawsuit as A.R.S. 25-215(D) required.
The Court ruled that A.R.S. 25-215(D) did not preclude recognition of the New York judgment in Arizona because that judgment should be given the same effect as it would have been afforded in New York. Id. at 107, P 9, 985 P.2d at 592.
The Court also held that "an Arizona court may not impress Arizona procedural law upon a foreign judgment and refuse to recognize that judgment merely because Arizona law was not followed in obtaining it." Id. at 107-08, P 11, 985 P.2d at 592-93.