How to Enforce a Foreign Judgment

How to Enforce a Foreign Judgment

A foreign judgment is a judgment entered into in any jurisdiction but your own. It can be a judgment entered into in a different state or even a different country. Generally, a state court only has power to address matters within its boundaries. However, there are several ways that a state court may be able to enforce a foreign judgment.

1. Money Judgments From Other States

The U.S. Constitution provides that judgments from one state should be given full faith and credit in other states. This means that a judgment entered into in one state should essentially have effect nationwide. However, for a state court to enforce a foreign judgment from another state, the home state will have to "domesticate" the judgment. The process of domestication entails the creditor filing the judgment in the home state, and then the judgment will be treated as if a court in that state made the judgment. After the filing, the judgment will then be served on the debtor and the home state court can enforce the judgment.

2. Non-Monetary Judgments From Other States

It can be much more complicated to enforce judgments from foreign jurisdictions that have do with non-monetary concerns. In many cases, you may need to file an independent civil action in your home state and seek a new judgment. But while you may need to file a new lawsuit, you should know that the foreign state's ruling is usually given great deference so long as that state had proper jurisdiction over the matter and there is no indication of fraud.

3. Money Judgments From Foreign Countries

The U.S. is not obligated to recognize any judgments rendered in a foreign country. Just as foreign countries do not have to recognize a monetary judgment made in the U.S. However, some states do have laws that provide for recognition of foreign judgments. You will want to talk to an attorney in your jurisdiction to learn the laws in your state. If your state does recognize monetary judgments from other countries, the creditor typically will need to bring an action in the home state so that the state court can domesticate the order.