Foreign Judgments may be enforced in California in the same manner as California judgments. However, before a foreign judgment may be enforced, it must be recognized by the California Courts. The procedure for recognition of the foreign judgment depends on whether the foreign judgment is classified as a sister state judgment or a foreign country money judgment.
A sister state judgment is defined as “that part of any judgment, decree, or order of a court of a state of the United States, other than California, which requires the payment of money, but does not include a support order as defined in Section 155 of the Family Code.” Cal. Code of Civ. Proc. § 1710.10. A foreign-country judgment, on the other hand, means “a judgment of a court of a foreign country” and includes “a judgment by any Indian tribe recognized by the government of the United States.” Cal. Code of Civ. Proc. § 1714(b). A ’Foreign Country’ means a government other than any of the following:
(1)The United States.
(2)A state, district, commonwealth, territory, or insular possession of the United States.
(3)Any other government with regard to which the decision in this state as to whether to recognize a judgment of the government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
Cal. Code of Civ. Proc. § 1714(a).
Subject to some exceptions, California will recognize a foreign-country judgment to the extent that the judgment both: (1) grants or denies recovery of a sum of money; and under the law of the foreign country where rendered, is final, conclusive, and enforceable. Cal. Code of Civ. Proc. §1715(a). California, however, will not recognize a foreign-country judgment even if the judgment grants or denies recovery of a sum of money, to the extent the judgment is for taxes, a fine, or a penalty. Cal. Code of Civ. Proc. §1715(b).
The procedure for recognition of a sister state judgment is different than that for recognition of a foreign-country money judgment. The judgment creditor with a sister state judgment simply files an application with the superior court in the county where the judgment debtor resides, or, if no judgment debtor resides in the states, in any county, requesting that the judgment be recognized. Cal. Code of Civ. Proc. §§1710.15(a) and 1710.20(a) and (b).
The application for recognition shall be executed under oath and shall include all of the following:
(1)A statement that an action in this state on the sister state judgment is not barred by the applicable statute of limitations.
(2)A statement, based on the applicant’s information and belief, that no stay of enforcement of the sister state judgment is currently in effect in the sister state.
(3)A statement of the amount remaining unpaid under the sister state judgment and, if accrued interest is to be included in the California judgment, a statement of the amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state), a statement of the rate of interest applicable to the judgment under the law of the sister state, and a citation to the law of the sister state establishing the rate of interest.
(4)A statement that no action based on the sister state judgment is currently pending in any court in this state and that no judgment has previously been entered in any proceeding in this state.
(5)Where the judgment debtor is an individual, a statement setting forth the name and last known residence address of the judgment debtor. Where the judgment debtor is a corporation, a statement of the corporation’s name, place of incorporation, and whether the corporation, if foreign, has qualified to do business in California. Where the judgment debtor is a partnership, a statement of the name of the partnership, whether it is a foreign partnership, and, if it is a foreign partnership, whether it has filed a statement pursuant to Section 15800 of the Corporation Code designating an agent for service of process.
(6)A statement setting forth the name and address of the judgment creditor.
Cal. Code of Civ. Proc. 1710.15(b). In addition to the above-referenced statements, the application for recognition shall also include a properly authenticated copy of the sister state judgment. Cal. Code of Civ. Proc. §1710.15(c). The California Judicial Council has approved Form Number EJ-105 which may be used in applying for recognition of a sister state judgment.
Upon the filing of the application for recognition, the clerk shall enter a judgment based on the application in the amount remaining unpaid under the sister state judgment, plus the amount of interest accrued on the sister state judgment and the amount of the fee for filing the application for entry of the sister state judgment. Cal. Code of Civ. Proc. § 1710.25(a). Entry of the judgment is made in the same manner as entry of an original judgment of the California court. Cal. Code of Civ. Proc. §1710.25(b).
Notice of the application for recognition of a sister state judgment is not required to be served on the judgment debtor prior to entry of the judgment, however, once the judgment has been recognized and entered as a judgment with the court, the judgment creditor is required to serve a notice of entry of judgment promptly upon the judgment debtor in the manner provided for service of summons (Cal. Code of Civ. Proc. §§415.10, et seq.). Cal. Code of Civ. Proc. § 1710.30(a). The notice shall be in the form prescribed by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 30 days within which to make a motion to vacate the judgment. Id. The Judicial Council has approved Form Number EJ-110 which may be used to provide notice of entry of judgment.
A writ of execution cannot be issued and the judgment creditor cannot begin enforcement of the recognized judgment until at least 30 days after the judgment creditor serves notice of entry of the judgment on the judgment debtor. Cal. Code of Civ. Proc. §1710.45(a). Not later than 30 days after service of notice of entry of judgment upon the judgment debtor, the judgment debtor may file a motion to vacate the judgment based “on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered . . . is incorrect.” Cal. Code of Civ. Proc. §1710.40(a).
The judgment debtor’s filing a motion to vacate the judgment can be a basis for the court to grant a stay of enforcement of the judgment. The court may also grant a stay of enforcement where:
(1)An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
* * *
(4)Any other circumstance exists where the interests of justice require a stay of enforcement.
Cal. Code of Civ. Proc. §1710.50(a).
If no stay has been entered and more than 30 days have passed from the date when the judgment debtor was served with notice of entry of judgment, the recognized judgment “shall have the same effect as an original money judgment of the court and may be enforced or satisfied in like manner.” Cal. Code of Civ. Proc. §1710.35.
Where a sister state judgment may be entered by the clerk upon filing of an application, recognition of a foreign country money judgment must be initiated either by the filing of an original matter or may be raised by counterclaim, cross-claim, or affirmative defense. Cal. Code of Civ. Proc. § 1718. The party seeking recognition of a foreign-country judgment has the burden of establishing that the foreign-country judgment is entitled to recognition. Cal. Code of Civ. Proc. § 1715(c).
To the extent the foreign-country judgment grants or denies recovery of a sum of money and, under the law of the foreign country where rendered, is final, conclusive, and enforceable, and is not for taxes, a fine, or penalty, California shall recognized such a judgment unless:
(1)The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.
(2)The foreign court did not have personal jurisdiction over the subject matter.
(3)The foreign court did not have jurisdiction over the subject matter.
Cal. Code of Civ. Proc. § 1716(b). In addition to the above-referenced basis by which a California court may not recognize a foreign-country judgment, a court in California is not required to recognize a foreign-country judgment if any of the following apply:
(1)The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend.
(2)The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case.
(3)The judgment of the cause of action or claim for relief upon which the judgment is based is repugnant to the public policy of the State of California or the United States.
(4)The judgment conflicts with another final and conclusive judgment.
(5)The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court.
(6)In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
(7)The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment.
(8)The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(9)The judgment includes recovery for a claim of defamation unless the court determines that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions.
Cal. Code of Civ. Proc. § 1716(c).
While the initial burden is on the party seeking recognition to establish that the foreign judgment meets the requirements of Cal. Code of Civ. Proc. §1715, the party resisting recognition has the burden of establishing a ground for non-recognition exists. Cal. Code of Civ. Proc. §1716(d).
With regards to the requirement that the foreign court had personal jurisdiction over the defendant, a foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of the following apply:
(1)The defendant was served with process personally in the foreign country.
(2)The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant.
(3)The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved.
(4)The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country.
(5)The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country.
(6)The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action or claim for relief arising out of that operation.
Cal. Code of Civ. Proc. § 1717(a). The above-referenced list is not exclusive and the courts of California are free to recognize bases of personal jurisdiction other than those listed above as sufficient to support a foreign-country judgment. Cal. Code of Civ. Proc. § 1717(b).
Once a California court finds that the foreign-country judgment is entitled to recognition, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is both:
(a)Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive.
(b)Enforceable in the same manner and to the same extent as a judgment rendered in California.
Cal. Code of Civ. Proc. §1719.
To the extent that the foreign-country judgment is rendered in a currency other than the currency of the United States, the Uniform Foreign-Money Claims Act (“UFMCA”) provides that except in the case of assessed costs, “a judgment or award on a foreign-money claim shall be stated in an amount of the money of the claim.” Cal. Code of Civ. Proc. § 676.7(a). Such a judgment is payable in that foreign money or, at the option of the judgment debtor, “in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.” Cal. Code of Civ. Proc. §676.7(b). Costs assessed by the California court shall be entered in United States dollars. Cal. Code of Civ. Proc. §676.7(c).
When seeking recognition of a foreign-country judgment that is stated in the money of the foreign country, California law provides that the judgment rendered by a California court substantially in the following form complies with the requirements of the UFMCA:
“IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate – see Section 676.9) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.”
Cal. Code of Civ. Proc. §676.7(f).
California Code of Civil Procedure section 676.9 provides that with respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subdivision (b), are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of California. Cal. Code of Civ. Proc. §676.9(a). Subdivision (b) requires the court or an arbitrator to “increase or decrease the amount of pre-judgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of [California] governing failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.” Cal. Code of Civ. Proc. §676.9(b).
To register a foreign judgment, one must file a new California lawsuit. If the California court recognizes the decision from the foreign court, it will issue an essentially identical judgment. Therefore, the California court does not have to rehash the substantive issues of the foreign lawsuit.How foreign judgments can be enforced? ›
To enforce a foreign judgment in India, the decree-holder must institute a suit for enforcement before an appropriate court. This procedure is insisted upon that any decision by a foreign court is not enforceable in a country unless such a decision is embodied in a decree of a court of that county.Has California adopted the Uniform Enforcement of Foreign Judgments Act? ›
This article focuses on recognition. Recognition in California is governed by the Uniform Foreign Money-Judgments Recognition Act for actions filed before Jan. 1, 2008, and the Uniform Foreign-Country Money-Judgments Recogni- tion Act for actions filed on or after that date.How do I enforce a sister's judgement in the state of California? ›
A sister state judgment is not enforceable in California until it has been registered or authenticated as a California judgment in accordance with the Sister State Money-Judgments Act, California Code of Civil Procedure §1710.10 et seq., or by filing a lawsuit to establish the judgment in California.How long can a judgement be enforced in California? ›
Renew the judgment
Money judgments automatically expire (run out) after 10 years. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.
The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.What are the main Defences in the plea for enforcement of foreign judgments? ›
- it is fraudulent;
- it was not pronounced by a court of competent jurisdiction;
- it was not passed on the merits of the case;
- it was passed in disregard of Indian law and public policy;
- it is based on an incorrect view of international law;
The distinction is made for the reason that a judgment of a foreign court cannot operate outside of its own territorially circumscribed jurisdiction without the medium of the English courts. Therefore, all foreign judgments enforced by English courts are recognised, but not all recognised judgments are enforced.Will your US judgment be enforced abroad? ›
Generally, U.S. judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country. The recognition and enforcement of U.S. judgments depend not only on the law of the foreign country, but also on the principles of comity, reciprocity, and res judicata.On what grounds foreign award Cannot be enforced? ›
“The only grounds on which a foreign award cannot be enforced under Section 48(1)(b) are natural justice grounds relatable to notice of appointment of the arbitrator or of the arbitral proceedings, or that a party was otherwise unable to present its case before the arbitral tribunal, all of which are events anterior to ...
The Uniform Foreign-Country Money Judgments Recognition Act (UFCMJRA) provides updated rules and procedures for the recognition of money judgments rendered in other countries.How do I register an out of state judgment in California? ›
File California Judicial Council Forms: CM-010; EJ-105; EJ-110; and. Serve the Clerk's issued copy of the Notice of Entry of Judgment on Sister-State Judgment (EJ-110) on the debtor(s) in the same manner as a Summons and Complaint.How do I enforce a family judgement in California? ›
Judgments or orders entered under the Family Code are enforceable by the family court by "execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary." FC § 290.Do family law judgments expire in California? ›
No. A family law judgment does not expire like other types of money judgments.What are the 3 elements of judgement? ›
But the judgment is composed of three elements: subject, attribute, and copula. To these three elements of the judgment correspond the three elements of the proposition: two terms, which express the subject and predicate or attribute, and the copula, which unites them.What happens if a defendant does not pay a judgment California? ›
If you do not pay the judgment, the judgment creditor can garnish or "seize" your property. The judgment creditor can get an order that tells the Sheriff to take your personal property, like the money in your bank account or your car, to pay the judgment.What is the one judgment rule in California? ›
The Final Judgment Rule (sometimes called the “One Final Judgment Rule”) is the legal principle that appellate courts will only hear appeals from the “final” judgment in a case. A plaintiff or defendant cannot appeal rulings of the trial court while the case is still ongoing.How many times can a Judgement be renewed in California? ›
If the judgment is not renewed, it will not be enforceable any longer and you will not be able to get your money. Once a judgment has been renewed, it cannot be renewed again until at least 5 years later. But make sure it is renewed at least every 10 years or it will expire.When and under what circumstances is a foreign judgment applicable? ›
In order a foreign judgment to operate as Res Judicata, it must have been given on merits of the case. A judgment is said to have been given on merits when after taking evidence and after applying his mind regarding the truth or falsity of case.Which of the following is not a requirement for a foreign judgment to be conclusive? ›
As is the principle in Private International Law, if a foreign judgement is obtained via fraudulent means, it shall not be considered res judicata and thus as such shall not be considered to be conclusive and shall not be enforceable in the Republic of India.
Thus, a foreign judgement by a competent court is conclusive as long as it adheres to the correct judicial procedure even if it is pronounced on a wrong legal view or evidence. Thus a foreign judgement is not open to criticism by this clause if the principles of natural justice have been complied with.What are the four most important justification criminal defenses? ›
When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.What are the conditions for enforcement of foreign awards? ›
Section 56 provides that the party applying for the enforcement of a foreign award shall, at the time of the application, produce before the court (a) original award or a duly authenticated copy thereof; (b) evidence proving that the award has become final and (c) evidence to prove that the award has been made in ...What are defenses to enforcement? ›
- Enforcement of the contract would violate public policy. ...
- Performance of the contract has become impossible or the purpose of the contract has become frustrated. ...
- The contract is illegal. ...
- The contract lacks consideration.
Domesticating a foreign judgment in California to put it simply, is relocating a court ruling's jurisdiction. A judgment ruled, in the case under California law, can transfer from California's ruling jurisdiction to another. This process is domestication of a foreign judgment.How does a foreign judgment work? ›
Most states have adopted the Uniform Enforcement of Foreign Judgments Act, which allows a judgment of one state to be enforced in another state, based on the constitutional requirement that "full faith and credit": be given to judgments rendered by other states.Does res judicata apply to foreign judgments? ›
As stated above, a foreign judgment is conclusive and will operate as res judicata between the parties and privies though not strangers. It is firmly established that a foreign judgment can be examined from the point of view of competence but not of errors.What are the basic mandatory requirements for recognition of a foreign judgment? ›
The foreign judgment must not have been obtained by fraud, collusion or clear mistake of fact or law (section 48, Rule 39 of the Rules of Court). The foreign judgment must not be contrary to the public policy or good morals of the Philippines (Mijares v Ranada, 455 SCRA 397 (2005)).Can states prosecute foreigners abroad? ›
Criminal law and extraterritorial jurisdiction
Indeed, extraterritorial jurisdiction, as this concept is known, is increasingly used by the United States to prosecute both US citizens living and working abroad, as well as foreign nationals who have no connection to the United States.
Provisions in treaties and other international agreements are given effect as law in domestic courts of the United States only if they are "self-executing" or if they have been implemented by an act (such as an act of Congress) having the effect of federal law.
Section 48 of the Act provides that enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof about the existence of any one or more grounds mentioned in clauses (a) to (e) of sub-section (1) of Section 48 of the Act .On what grounds an award can be challenged? ›
In addition to section 34, section 13 of the act also provide us that the arbitral award can be set side where an arbitrator can be challenged on the ground of lack of independence or lack of qualification or neutrality.What are the grounds for refusal to recognize and enforce a foreign arbitral award? ›
A court may refuse enforcement of a foreign arbitral award when it deals with an issue not contemplated by the arbitration agreement.What are the types of international recognition? ›
Recognition in International Law is divided into 8 types, which are: a) Recognition of States; b) Recognition of Government; c) De Facto and De Jure recognition; d) Premature recognition; e) Implied recognition; f)Conditional recognition; g) Collective recognition; h) Withdrawal of recognition.Is a foreign arbitral award considered a foreign judgment? ›
Section 44 of RA 9285 states that a foreign arbitral award is not a foreign judgment.How long can a Judgement be enforced in California? ›
Renew the judgment
Money judgments automatically expire (run out) after 10 years. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.
Fortunately, domesticating a judgment in California is relatively straightforward. The application must be filed with the superior court in the debtor's county of residence in California. If the debtor is a non-resident, you may file it in any county in California.How do I prove contempt in family court in California? ›
- There must be a valid court order. Vague court orders that are not clear and specific are difficult to enforce in contempt proceedings.
- The accused must have knowledge of the court order. ...
- The accused must have willfully violated the court order.
The CCJ will be removed from the Register and your credit file after six years. During these six years, the creditor and the court can take further action you.How can I avoid paying a Judgement in California? ›
You must file forms called Claim of Exemption (WG-006) and Financial Statement (EJ-165) with the Sheriff listed on your paperwork, not the court. File your Claim of Exemption as soon as possible for the most protection. If the judgment creditor opposes your claim, the Sheriff will send the papers to the court.
California is one of a handful of states in which there are special spousal support rules for marriages of 10 years or longer. If you earn less than your spouse, and you have been married for at least ten years, you have the right to be paid alimony for as long as it is needed and for as long as your spouse can pay.Will a Judgement be removed after 5 years? ›
A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts.Can a Judgement against me affect my spouse in California? ›
Meaning they are treated as joint debts even if only one spouse is an account holder, unless you can prove otherwise. And since wages are considered community property if you have unpaid debts that result in judgments against you, your spouses' wages can be garnished also.What are the 5 judgments? ›
The Scriptures speak of at least Five Separate Judgments, some claim even more. The five that we shall speak of differ in five general aspects as to "Subjects," "Time," "Place," "Basis of Judgment" and "Result."What should you not really on while making a judgement? ›
Answer: We should not rely on making a judgement on Gossip. Explanation: While making a judgment, gossip should be ignored as they are based on rumors having a minimum or no similarity with the truth.Can foreign Judgements be enforced domestically? ›
Foreign judgments, that is judgments pronounced by a judicial tribunal other than a New South Wales tribunal, are recognised and enforced by New South Wales courts subject to certain specific requirements.How do I register a judgment in California? ›
The process is simple: First, the creditor must file an Application for Entry of Judgment on Sister-State Judgment (Form EJ-105). The application must be filed in the debtor's county of residence, pursuant to CCP § 1710.20(b). Second, the creditor must submit a Notice of Entry of Sister-State Judgment (Form EJ-110).How do you authenticate a judgement? ›
CODE ANN. §4-401(4). The Judgment Creditor will need an authenticated copy of the California judgment. The clerk of the court in which judgment was rendered must sign the certificate declaring the copy to be a true copy of the original judgment on file in the court.In which court a validity of a foreign judgments can be challenged? ›
As per Section 13 of the CPC, absence of fraud is one of the essential requirements for a foreign judgement to be conclusive and enforceable in India. The Supreme Court in a case[viii] observed that under Section 13(e) of the CPC, the foreign judgment is open to challenge where it has been obtained by fraud.How do you domesticate an international judgment? ›
The process requires registering a certified copy of the foreign judgment with the clerk of the court in the jurisdiction where you want to enforce the judgment. You will also need to file an affidavit attesting to certain facts, as specified in the court's procedural rules.