This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Against Property Foreign Company In Massachusetts
Category:
State:
Multi-State
Control #:
US-0025LTR
Format:
Word;
Rich Text
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Description
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FAQ
The Act has been enacted by all states with the exception of California and Vermont, plus the District of Columbia, U.S. Islands, and Puerto Rico.
A party seeking to enforce a foreign judgment must assert a claim in federal or state court to have the judgment “recognised” – in other words, converted into a U.S. judgment and thus considered res judicata (claim preclusive) with respect to other actions between the parties in the recognising jurisdiction.
— A petition for recognition and/or enforcement of a foreign judgment or decision for support may be filed in the court which has territorial jurisdiction over the place where the petitioner or respondent actually resides, at the election of the petitioner.
Thus a foreign judgment can be enforced in either State or Federal court. The decision as to whether to select the state or federal jurisdiction is particular to the facts of the case. Enforcing the foreign judgment is not straightforward. It is not something that can be accomplished in a few weeks.
Enforcement of a Foreign Judgment in the U.S. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
Enforcement of a Foreign Judgment in the U.S. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
Separation of recognition and enforcement The party seeking to enforce a foreign judgment must therefore first apply to a court to have it recognised. Once the necessary procedural steps for recognition have been completed, the foreign judgment will be enforced as if it was an English judgment.
A copy of any foreign judgment, as long as it is verified, may be filed in a district court where the judgment debtor resides or has a place of business at the time of filing.
The SPEECH Act prohibits any domestic court from recognizing or enforcing a foreign defamation judgment if the foreign jurisdiction's libel laws do not provide as much protection to speech as does the First Amendment and/or the libel law of the state in which the domestic court sits.
