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Topic: Enforcement of foreign judgments


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In the News (Wed 23 Dec 09)

  
  CHAPTER 928* UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS
A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a court of this state and may be enforced or satisfied in like manner.
The judgment debtor shall provide notice of the stay of enforcement to the judgment creditor (1) by registered or certified mail, postage prepaid, return receipt requested, restricted delivery, or (2) by verified delivery to the judgment creditor as the named addressee by private messenger, delivery or courier service.
The right of a judgment creditor to proceed by an action on the judgment or a motion for summary judgment in lieu of complaint instead of proceeding under sections 52-604 to 52-609, inclusive, remains unimpaired.
www.cga.ct.gov /2005/pub/Chap928.htm   (541 words)

  
 Elkind, Lipton & Jacobs LLP   (Site not responding. Last check: 2007-10-09)
In an action for the enforcement of a judgment obtained in Ohio by the Ohio car dealer for breach of the contract, it was held that there was an insufficient connection between the litigation and Ohio, and the British Columbia court accordingly refused to enforce the default judgment awarded in Ohio.
Where the foreign judgment has been rendered by default, the plaintiff must prove that the act of procedure initiating the proceedings was correctly served on the defendant, in accordance with the law of the place where the judgment was rendered.
If the foreign plaintiff is successful in obtaining an order enforcing the foreign judgment, he or she will be entitled to costs fixed or assessed by the court granting the judgment pursuant to a tariff set by a provincial statute.
www.eljlaw.com /pub_foreign_judgments.html   (6075 words)

  
 Uniform Enforcement of Foreign Judgments Act
A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any superior court of this state.
A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a superior court of this state and may be enforced or satisfied in like manner.
Promptly upon the filing of the foreign judgment and the affidavit, the judgment creditor shall mail notice of the filing of the foreign judgment and a copy of the foreign judgment to the judgment debtor at the address given and shall file proof of mailing with the clerk.
www.arizonacollectionslawyer.com /UniformEnforcementofForeignJudgmentsAct.html   (493 words)

  
 The Romanian Digest No.3 March 2004
A foreign judgment can be enforced in Romania within the statute of limitations, which is only 3 years, unless the statute of limitations prescribed under the foreign law in the country where it was rendered is longer.
If the foreign judgment had been issued without the judgment debtor present – a default judgment -- it must be clearly established by means of documentary proof that the judgment debtor had been adequately served with the summons and complaint.
Nevertheless, foreign judgment creditors distrust the Romanian judicial process because of the perception of the prevalence of corruption and incompetence in the judiciary.
www.hr.ro /digest/200403/digest.htm   (1789 words)

  
 About the Enforcement of Foreign Judgments in Canada
The judgment debtor was not given notice of the original proceedings and therefore did not have the opportunity to appear in court and defend himself or herself.
You must show that the judgment was in the judgment creditor's favour and that he or she is entitled to enforce it.
The judgment creditor must also submit an affidavit that sets out all the facts necessary to demonstrate that he or she qualifies to register the judgment, as well as a copy of the original judgment from the U.K. or extra-provincial court.
www.zvulony.com /foreign_judgments.htm   (1215 words)

  
 Enforcement of Foreign Judgments in Canada: Case Comment
While avoiding an extensive examination of the merits of the case, the BC court agreed with the North Carolina's court's use of the lex fori, holding that, absent proof to the contrary, it was proper for the North Carolina court to assume that BC law was the same as the law of North Carolina.
Since enforcing a foreign judgment is seen as enforcing a debt, proper jurisdiction of the foreign court is the only concern.
The reluctance by the courts to reopen and retry the merits of a foreign judgment are for the most part justifiable.
www.zvulony.com /enforcement_foreign_judgments.htm   (936 words)

  
 Executing Foreign Judgments-Hong Kong
The foreign judgment on which the application is based must be "final and conclusive".
The proceedings in which the judgment was obtained, the judgment itself and the enforcement of the judgment are not contrary to public policy of Hong Kong; and
Ng Chi Hung (HCA 5477/2000, 5 February 2001), the plaintiff sought to enforce in Hong Kong a judgment from the Higher People’s Court of the Fujian province of the PRC.
www.angelfire.com /ca6/asiavest/hong_kong.html   (1729 words)

  
 NSW Society for Computers and the Law: Journal: June 2003: Beyond Gutnick: Enforcement of foreign defamation judgments ...
Judgments that may be registered under the Act are judgments of superior courts in the countries listed in the schedule to the regulations,[6] and a more limited number of inferior courts, also listed in the regulations[7].
This would generally require that the judgment be a final and conclusive judgment of a court of a recognised State with jurisdiction over the person against whom the judgment is to be enforced.[17] As with the statutory scheme, foreign judgments may be set aside on a number of grounds, for example, fraud[18] or public policy[19].
As such, the public policy consideration in enforcing the Californian judgment was whether it was contrary to public policy to permit the judgment to be enforced when the "victims" were unable to pursue the misleading and deceptive conduct allegations as a defence in the Californian court.
www.nswscl.org.au /journal/52/Dawson_Kloczko.html   (3274 words)

  
 Law & Arbitration Center (LAC)
A judgment is final when it is not subject to an objection in the country where it was rendered because, for instance, the judgment was rendered by the highest court, or that the time limit within which the objection must be taken already expired and accordingly the judgment became final(14).
In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either.
A: Where a judgment is against the government of a Contracting State in which it is intended to enforce the judgment, or against one of its officials for actions committed by him during or by reason of his job only.
www.lac.com.jo /enforcement.htm   (2977 words)

  
 RECOGNITION AND ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
In the absence of an applicable bi- or multilateral convention, recognition and enforcement is determined in accordance with the "recognizing" country's domestic law.
Some "recognizing" countries require that the foreign litigant serve the "local" party in accordance with procedures not commonly employed in the United States.
Foreign courts often cannot discern a "U.S. policy" on recognition and enforcement, i.e., because 51 different approaches exist.
www.osec.doc.gov /ogc/occic/refmj.htm   (850 words)

  
 [No title]
A state that enacts the Revised Uniform Enforcement of Foreign Judgments Act permits enforcement of a judgment of another state upon the mere act of filing it in the office of a Clerk of Court.
The act of filing the foreign judgment gives it the effect of being a judgment of the court in the state in which it is filed.
When a judgment is filed, the Clerk of Court notifies the person subject to the judgment of that filing.
www.nccusl.org /nccusl/uniformact_summaries/uniformacts-s-rueofja1964.asp   (433 words)

  
 Recognition & Enforcement of Foreign Money Judgments
"Recognition and enforcement" refers to the mechanism whereby a local court compels compliance by a party with a judgment obtained by a litigant in a foreign judicial proceeding.
Consequently, a judgment will have effect in a foreign jurisdiction only if the courts of such jurisdiction are willing to provide their assistance by "recognizing" and "enforcing" the judgment.
Foreign courts view such features of U.S. law as unrestricted jury awards, punitive and treble damages actions, and the use of long-arm statutes as contrary to their own public policy.
www.lectlaw.com /files/bul12.htm   (695 words)

  
 Section 511-760 Uniform enforcement of foreign judgment
A verified petition for registration shall set forth a copy of the judgment to be registered, the date of its entry and the record of any subsequent entries affecting it, all authenticated in the manner authorized by the laws of the United States or of this state, and a prayer that the judgment be registered.
If the judgment debtor fails to plead within thirty days after jurisdiction over his person has been obtained, or if the court after hearing has refused to set the registration aside, the registered judgment shall become a final personal judgment of the court in which it is registered.
When a registered foreign judgment becomes a final judgment of this state, the court shall include as part of the judgment interest payable on the foreign judgment under the law of the state in which it was rendered, and the cost of obtaining the authenticated copy of the original judgment.
www.moga.state.mo.us /statutes/C500-599/5110000760.HTM   (817 words)

  
 Enforcement of Judgments
In many foreign countries, as in most jurisdictions in the United States, the recognition and enforcement of foreign judgments is governed by local domestic law and the principles of comity, reciprocity and res judicata (that is, that the issues in question have been decided already.)
Once a judgment has been issued by a court in the United States, formal legal proceedings usually must be initiated in the foreign country by your foreign legal counsel or American counsel licensed to practice in the foreign country.
ENFORCEMENT OF A FOREIGN JUDGMENT IN THE U.S.: Enforcement of judgments issued by foreign courts in the United States is governed by the laws of the states.
library.findlaw.com /1999/Mar/11/127849.html   (1592 words)

  
 LLRX -- The Requirements for Execution of Foreign Money Judgments in the Netherlands Absent a Treaty
Furthermore, having foreign judgments rendered by courts which lacked jurisdiction might encourage parties to engage in forum shopping, thus having their case tried before a court whose legal system allows for the most positive results, and subsequently having that judgment enforced against the debtor or his property situated in the state addressed.
Foreign judgment rendered as a result of fraud committed by one of the parties or which were rendered with the sole purpose of evading the applicable law on the fact-pattern under dispute, the so-called fraude a la loi, may not be recognized or enforced in the Netherlands
Finally, the foreign judgment need be final and irrevocable in ordinary appeal procedures lodged in the country of origin, in itself not a condition but rather a standard showing the point in time when recognition or enforcement takes effect in the Netherlands.
www.llrx.com /features/norel.htm   (11233 words)

  
 Subchapter V. Enforcement of Foreign Judgments   (Site not responding. Last check: 2007-10-09)
A copy of any foreign judgment authenticated in accordance with an act of Congress, or the statutes of this State, may be filed in the office of any Prothonotary of this State.
In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor, and may file proof of such mailing with the Prothonotary.
Any person filing a foreign judgment shall pay to the Prothonotary the same amount as is required for the filing of a civil action in the Superior Court of this State.
www.delcode.state.de.us /title10/c047/sc05   (542 words)

  
 [No title]
The Clerk shall treat the foreign judgment in the same manner as a judgment of the [District Court of any city or county] of this state.
A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a [District Court of any city or county] of this state and may be enforced or satisfied in like manner.
In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the Clerk.
www.law.upenn.edu /bll/ulc/fnact99/1920_69/ruefja64.htm   (888 words)

  
 [No title]
As used in sections 52-604 to 52- 609, inclusive, "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except one obtained by default in appearance or by confession of judgment.
(c) Within thirty days after the filing of the judgment and the certificate, the judgment creditor shall mail notice of filing of the foreign judgment by registered or certified mail, return receipt requested, to the judgment debtor at his last-known address.
(c) by requiring mailing of notice of foreign judgment by registered or certified mail, return receipt requested, and prohibiting distribution of proceeds until proof of service is filed with clerk of court in which enforcement of judgment is sought.
www.cga.ct.gov /2001/pub/Chap928.htm   (506 words)

  
 E-Commerce and enforcement of foreign judgments: a solution or a nightmare?   (Site not responding. Last check: 2007-10-09)
The recently considered Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters has the ambitious aim of seeking to unify and streamline the rules for cross-border litigation between private parties on civil and commercial issues.
The principle behind the convention is to increase the effective enforcement of decisions of courts around the world where the parties are operating out of different jurisdictions.
It is an undeniable feature of global e-commerce transactions that one of the principle blocks to enforcement of local laws against global e-commerce participants is the difficulty of enforcement of a local decision against a party outside the local jurisdiction.
www.findlaw.com.au /article/2400.htm   (720 words)

  
 MEMORANDUM IN SUPPORT OF MOTION BY   (Site not responding. Last check: 2007-10-09)
Every contract or domestic dispute in which one of the parties is a foreign national involves foreign relations in the sense of involving the relationships between individuals of different nationalities.
The issue is not whether recognition and enforcement of foreign judgments “involves” foreign relations but whether it involves it in such a significant fashion that, despite its private law character, the impact on the public relations of this country with other countries is such that it should be governed by federal law.
The result is likely to be a significant increase in the number of recognition and enforcement actions heard in the federal courts and an increase in the amount of judgment enforcement required to be undertaken by federal law enforcement officials.
www.ali.org /ALI/AM05Burnett.htm   (2648 words)

  
 [No title]
For many countries the enforcement of foreign judgments is not a matter of general law but is addressed through treaties.
Thus, while U.S. courts are perceived as the most open in the world to the recognition and enforcement of foreign civil judgments in the absence of a treaty obligation to do so, the ability of U.S. judgment holders to enforce their judgments abroad is much more problematic.
Even in those countries that will, in principle, enforce foreign judgments in the absence of a treaty, the reach of U.S. long-arm jurisdiction, what they perceive to be “excessive” jury awards, and punitive damages are sometimes considered reasons not to enforce U.S. judgments.
www.state.gov /documents/organization/6846.doc   (2074 words)

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