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To begin the process of domestication and collection of a foreign judgment in Texas, file an affidavit of filing a foreign judgment, attach a certified copy of the judgment from the foreign court to said affidavit, and a notice of filing a foreign judgment with the county clerk.

The process of enforcement for a reciprocating territory is different from the process for a non-reciprocating territory, as follows: Reciprocating territory: the decree holder must file an application for execution of the foreign judgment or decree in the competent Indian court (Order 21 of the CPC).

A foreign judgment, when conclusive under section 13 of the Code of Civil Procedure, 1908, may be pleaded as a defence as a bar to a suit in India1 provided it is given on the merits2 as prescribed by section 13. 1. Chockalingam v. Duraiswami, AIR 1928 Mad 327 (336).

A foreign judgment is any judgment of a court of any other state in the United States in a civil action which was not obtained by default in appearance or by confession of judgment. (See Section 52-604 of the Connecticut General Statutes; Section 52-605 of the Connecticut General Statutes.)

Enforcement cannot be accomplished by means of letters rogatory in the United States. 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.

To execute a foreign judgment or decree from a non-reciprocating territory, a fresh action must be filed before an appropriate Indian court and a domestic decree must be obtained. In these proceedings, the foreign judgment or decree is considered as evidence.