Enforcement of International Judgments
A judgment rendered in another jurisdiction is considered foreign when a legal body attempts enforcement in a different state. Each and every state follows variable guidelines on precisely how to properly enforce a foreign judgment in their jurisdiction.
The good news is that the Full Faith and Credit Clause contained in the United States Constitution provides a uniform method of enforcement. The clause states that the judicial acts of one state or jurisdiction, another jurisdiction must respect. This affords creditors and other entities to pursue judgment enforcement without barriers. However, only if the judgment originates inside of the United States.
Unfortunately, this situation does not extend to international judgments, and the process is vastly different.
Enforcement of International Judgments in the United States
First and foremost, the Full Faith and Credit Clause holds no legal bearing on the enforcement of international judgments. What this means is that no state or jurisdiction is legally required to respect any act, order, or judgment originating from a foreign country. For this reason, proper enforcement concerning international judgments requires adherence to the procedural steps outlined in each individual jurisdiction.
The jurisdiction must first recognize or domesticate the international judgment before enforcing it. This is the process of validating the judgment. However, the enforcement process involves utilizing the court system in order to collect on the judgment.
Once the international judgment is recognized, a legal can enforce the international judgment in every state as if it originated in the United States originally. This additionally means that the Full Faith and Credit Clause of the United State Constitution now applies to this international judgment.
Enforcement of International Judgments in Coral Gables Procedure
The burden is first on the creditor that holds the judgment to prove its validity, finalization, and conclusiveness. This responsibility then shifts to the debtor to either object or challenge the judgment. Fortunately for these individuals, they can dispute the judgment on numerous grounds.
A judgment that was ruled on by a disregarded court in Nigeria is not likely to demonstrate enforcement by a ruling body in the United States. Contrarily, a United States court is much more likely to enforce a judgment by an impartial, respected court in Europe.
Nevertheless, the originating jurisdiction’s standards for justice and enforcement will help guide the United States judge’s decision on whether or not they should domesticate and enforce the judgment in it specific jurisdictional court.
The debtor will, of course, try to provide that this foreign court lacked jurisdiction in the original case, among other things. These might include that they received no notice of the proceedings or due process, that the court’s original decision was fraudulent or prejudiced, as well as that the court in the original ruling jurisdiction does not adhere to, or ignored United States judgments altogether.
Nonetheless, domestication and enforcement of international judgments is the best possible way to collect on a debt from a foreign nation. If the person or business entity that you believe owes you money has returned to the United States, leaving you with little recourse, this is the best option. Your ultimate goal should represent avoiding filing an additional lawsuit altogether.
Enforcement of International Judgments in Coral Gables
An extraordinary benefit to pursuing enforcement of international judgments in Coral Gables is Florida’s adoption of the Uniform, Out-of-country Foreign Money-Judgment Recognition Act. 32 states in the US also adopted this act, although with minor revisions of their own. Similar to anywhere in the United States, the State of Florida must recognize the judgment or its domestication before it is enforceable.
A creditor must file the judgment with the appropriate clerk of court. They must also later record it in the public records of the county or counties where they seek enforcement. The recording is a fundamental part of this process as it notified the debtor of the judgment against them.
Simultaneously, the creditor must also file an affidavit the details the debtor’s name, address, and other pertinent information to the case. When they accomplish all of this, the judgment debtor possesses the right to object to the judgment. The debtor must specify the grounds for non-recognition in addition to non-enforceability under the Uniform, Out-of-country Foreign Money-Judgment Recognition Act.
The court will then issue an order recognizing the international judgment depending on the debtor’s objections. Should the creditor prevail, they can enforce the judgment the same as if it originated in the state of Florida.
The Law Offices of Paul A. Humbert, P.L.
Do you need legal assistance to help you with enforcement of international judgments in Coral Gables? Contact The Law Offices of Paul A. Humbert, P.L. today to find out how we can assist you.
Our legal team is comprised of attorneys with extensive experience in domesticating international judgments. We also know the local court systems of Florida, serving many clients in the area. We can help you resolve your issues effectively and efficiently. This will enable you to collect on an international debt both speedily and through the proper legal channels.
Our legal practice strives to represent our clients’ best interests, in any case, acting as an archetype on their behalf. This involves careful strategizing and developing the best course of action for a positive resolution in your case.
Numerous business entities enlist our services for their legal needs, this includes enforcement of international judgments in Coral Gables. We ensure these clients an optimal outcome in the South Florida court system regardless of their situation.