Nathan D. Wirtschafter
Nathan D. Wirtschafter - Making Your Case in California

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Foreign Money Judgments

Judgments for money obtained in foreign countries may be enforced in California under the newly-enacted Foreign--Country Money Judgments Recognition Act. See Cal. Code Civ. Proc. §§ 1713-1724.

To be enforced, a foreign judgment must be final, which is to say that no further proceedings are required and must be for money, not, for example, specific performance of an act.

Another key factor is whether the court in the foreign country had a basis for personal jurisdiction over the defendant. If the defendant is personally served with process, voluntarily appeared, submitted to the foreign court’s jurisdiction or had a principal place of business in the foreign country, the defendant would likely be subject to jurisdiction. A defendant would also probably be subject to jurisdiction if the defendant operated a business office in the foreign country and the cause of action arose out a business dispute connected with the office.

In general, so long as the foreign court acted with integrity, had jurisdiction over the defendant, had authority over the subject of the dispute and afforded the defendant reasonable notice and an opportunity to be heard, a California Court will likely enforce the foreign judgment.

To speak with a knowledgeable attorney who can provide a free consultation about collecting a foreign judgment under the Foreign Country Money Judgments Recognition Act, call (818) 660-2518 or Contact Us and a lawyer will respond to you promptly.

 

 
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