Debt and/or Foreign Judgment Domestication and Collection

The attorneys of The Jackson Law Firm are experienced in the representation of individuals and businesses both in the pursuit of debt and foreign judgment collection efforts, as well as in providing a defense in such matters.  When it comes to the enforcement of a “foreign judgment,” this area of the law deals with the recognition and enforcement in one jurisdiction of judgments rendered in either another state in the United States or in a foreign country.  Courts recognize the principal of full faith and credit derived from the United States Constitution, which allows for the enforcement of a judgment issued by another state or foreign country’s court. The process of registering a foreign judgment for enforcement purposes is known as domestication, and is a prerequisite to the enforcement of a foreign judgment.  Once appropriate steps have been taken in registering the foreign judgment, the judgment is considered fully domesticated and is afforded all the same rights and enforcement privileges as a judgment issued by a local court.

Thus, upon full domestication in the local jurisdiction, the judgment can then be enforced. If the foreign judgment is a monetary judgment and the judgment debtor has assets in the jurisdiction in which the judgment has been domesticated, the judgment creditor will have access to all of the available enforcement remedies as if the case had originated in the recognizing jurisdiction, which includes levy, and execution sale by the sheriff, of property of the judgment debtor, as well as, for example, garnishment. If a non-monetary judgment was obtained, as one for example that granted injunctive relief, the recognizing court would similarly enforce, through court order, the original judgment.

From a defense perspective, there may be grounds for the judgment to be deemed inconclusive or for the court not to recognize the foreign judgment – grounds that defense counsel should bring to the court’s attention.  These include, but are not limited to, personal jurisdictional problems, lack of notice, forum non conveniens in the originating court, etc.  If you have questions regarding the enforcement of a foreign judgment or require a defense in such a matter, the attorneys of The Jackson Law Firm are prepared to assist you.  We have experience in the enforcement of foreign judgments, including foreign-country judgments, and have worked with local foreign attorneys, including ones in Germany and other European countries, in such matters.

We encourage you to contact our firm to discuss your options regarding your Debt and/or Foreign Judgment Domestication and Collection matter.

 

Disclaimer