Protecting Miami Residents Since 1998
Legal systems are generally limited territorially. However international law has certain rules permitting judgments of one country to be recognized in other countries.
The enforcement of foreign judgments is the recognition in one jurisdiction of judgments rendered in another jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or without an express international agreement.
The "recognition" of a foreign judgment occurs when the court of one country accepts a decision made by the courts of another country and issues a judgment in identical terms without analyzing the substance of the original lawsuit.
In 1986 47 U.S. states and the District of Columbia and the Virgin Islands adopted the Uniform Enforcement of Foreign Judgments Act which requires states to accept the judgments of other states if a copy of a foreign judgment is registered. The only states which have not accepted the Act are Indiana, Massachusetts and Vermont. In case a person wishes to enforce a judgment in one these states he or she must file a lawsuit known as domestication action.
Reasons why a state can refuse foreign judgment enforcement include:
Foreign judgment enforcement is necessary for example in case a defendant has no assets in the jurisdiction to satisfy monetary judgments in which case the plaintiff has to initiate a second litigation in a jurisdiction where he or she can collect.
The attorneys working at the Law Offices of Sean M. Cleary obtained foreign judgment enforcements in several other countries, including the Caribbean, Central America and South America, while Mr. Cleary has worked on judgments from Bolivia, St. Lucia, St. Maarten and other locations.
Practice area related verdicts and settlements obtained by personal injury lawyer Sean M. Cleary
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