Carrying out foreign judgement

[monimal]

Hello, I would sincerely appreciate any assistance.

I hold a foreign court judgement against a person with multiple citizenships, whereas american is one of he's citizenship.

the judgement obliges him to pay a sum of approx 350'000$.

That said, the defendant fleeted my country and has no property whatsoever in my country, thus I am unable to carry out the judgement nor am I able to seek injunctions from the court.

It has come to my knowledge that the defendant has property in the u.s., and I am interested in the possibility to approach u.s. court and motion for injunctions and confiscation of the defendant's property, based on the foreign court ruling I hold.

I would like to know if this procedure is recognized in the U.S?

Thanks in advance.

 

[latigo]

Hello, I would sincerely appreciate any assistance.

I hold a foreign court judgement against a person with multiple citizenships, whereas american is one of he's citizenship.

the judgement obliges him to pay a sum of approx 350'000$.

That said, the defendant fleeted my country and has no property whatsoever in my country, thus I am unable to carry out the judgement nor am I able to seek injunctions from the court.

It has come to my knowledge that the defendant has property in the u.s., and I am interested in the possibility to approach u.s. court and motion for injunctions and confiscation of the defendant's property, based on the foreign court ruling I hold.

I would like to know if this procedure is recognized in the U.S?

Thanks in advance.

Which of your mentioned “procedures” are you asking about as being recognized in the U. S.?

1. Recognition and enforcement of a foreign money judgment.

2. Confiscation of the judgment defendant’s property.

3. Injunctive relief.

First, there is no USA federal statute or treaty on the recognition of and/or enforcement of a foreign money judgment. The laws of the individual 50 states govern the procedure. And here you give no indication as to the state or states wherein the supposed assets are located.

Secondly, there is no procedure in any of the fifty states of the USA that allows the “confiscation of the property” of any person without due process of law. Only a writ of execution issued following recognition of the judgment would seem to fulfill that requirement.

Lastly, relief similar to an injunction might possibly be obtained by the judgment creditor by securing a writ of attachment and levy upon the judgment debtor’s assets within the forum state prior to a court of that state giving recognition to the foreign money judgment.

But one would need to consult the particular laws of the forum state to determine whether the attachment process would apply to such an application for recognition. Sounds pretty iffy to me.

And even so, an expensive and time consuming process, as the judgment creditor would need to post bond and most likely a cash bond.

Also, since a judgment from a foreign country would not be entitled to constitutional “full faith and credit”, I suspect that an independent action would be required.

These are just observations. Not to be taken as legal advice.