Oregon Notice of Filing of Foreign Judgment

State:
Oregon
Control #:
OR-HJ-452-03
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A03 Notice of Filing of Foreign Judgment
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FAQ

Hence, a decree passed by a superior court of a foreign country cannot be enforced in India if it contravenes an earlier conclusive judgment passed by a competent court in a suit between the same parties, as it is enforced as a domestic decree.

The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.

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.

Generally, a "foreign judgment" is one that is rendered in another state or country that is judicially distinct from the state where collection of the judgment is sought. Before a foreign judgment can be enforced, certain requirements must be met.

A foreign judgment cannot be enforced in the US before being recognised by a US court. The 1962 and 2005 Model Acts deal with the recognition of judgments.

Generally, U.S. judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country.It can generally be said that non-default judgments not involving tort claims or punitive damages are more likely to be enforced.

Canadian courts start from the general proposition that neither foreign nor domestic judgments will be enforced if obtained by fraud.85 In Beals, the Supreme Court identified two types of fraud that provide a defence to enforcement: fraud going to jurisdiction and fraud going to the merits.

Oregon judgments expire after 10 years from the date of entry by a court, unless a creditor (i.e., you or your attorney) files a certificate within that 10 year time period to have enforcement of the judgment extended for another 10 years.

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Oregon Notice of Filing of Foreign Judgment