What is a foreign-country judgment?

A foreign-country judgment is a final and enforceable judgment issued by a court outside the United States. California may recognize and enforce it under the Uniform Foreign Country Money Judgments Recognition Act.

How do I enforce a foreign-country judgment in California?

You must file a lawsuit asking a California court to recognize the foreign judgment. Once recognized, it becomes enforceable like any California judgment.

Can California refuse to enforce a foreign judgment?

Yes. California may refuse recognition based on fraud, lack of notice, due process violations, public policy conflicts, or lack of jurisdiction.

Enforcing a Foreign-Country Judgment in California

LAWSTACHE™ Trial Attorneys represent financial institutions and individuals seeking to enforce a foreign-country judgment in the United States. If your company has a valid monetary judgment issued by the Russian Justice Courts, the England High Court of Justice, or another foreign court, California law allows you to convert that judgment into a U.S. judgment and collect unpaid debts.

To obtain recognition, creditors must file suit under California’s Uniform Foreign Country Money Judgments Recognition Act, Code Civ. Proc. §§1713–1724. A recognized judgment may be enforced just like a California judgment, and you may seize property located in the United States.

When Can You Enforce a Foreign-Country Judgment in California?

Under Cal. Code Civ. Proc. §1714(b), a foreign-country judgment means “a judgment of a court of a foreign country.” California generally recognizes a judgment if it:

Grants or denies recovery of a sum of money;
Is final, conclusive, and enforceable under the foreign country’s laws. (§1715(a))

California will not recognize judgments for taxes, fines, or penalties. (§1715(b))

Procedure for Enforcing a Foreign-Country Judgment

The creditor begins the process by filing a complaint, counterclaim, cross-claim, or affirmative defense. (§1718)

The creditor has the burden of proving the foreign judgment qualifies for recognition (§1715(c)). California must recognize the judgment unless:

The foreign court lacked impartial tribunals or due process;
The foreign court lacked personal or subject-matter jurisdiction. (§1716(b))

Optional Grounds for Non-Recognition of a Foreign-Country Judgment

California may decline recognition if:

The defendant lacked proper notice;
The judgment was obtained by fraud;
The judgment violates public policy;
It conflicts with another final judgment;
The proceeding violated due process;
The foreign court lacked integrity;
The foreign forum was seriously inconvenient;
The judgment was for defamation under laws inconsistent with U.S. free speech protections. (§1716(c))

What Happens After the Judgment Is Recognized?

Once recognized, a foreign-country judgment becomes:

Conclusive like a sister-state judgment;
Fully enforceable like a California judgment. (§1719)

Foreign Currency and Enforcement

The Uniform Foreign-Money Claims Act (§676.7) requires foreign-money judgments to be entered in the original currency. Debtors may pay in that currency or in U.S. dollars based on the bank-offered exchange rate on the conversion date.

How LAWSTACHE™ Can Help You

LAWSTACHE™ has extensive experience representing clients in complex monetary disputes and enforcement of foreign-country judgments. Once recognized, your judgment can be enforced just like any California judgment, allowing you to collect unpaid debts or seize property located in the United States.

LAWSTACHE™ also defends individuals pursued by foreign banks or financial institutions, especially in cases where creditors fail to comply with California’s technical statutory requirements.

Contact us today at 619-357-6677 for assistance enforcing or defending against a foreign-country judgment.

ENFORCING A FOREIGN-COUNTRY JUDGMENT