Judgment Against Property Foreign Company In Middlesex
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Most states have adopted the Uniform Enforcement of Foreign Judgments Act, which allows a judgment of one state to be enforced in another state, based on the constitutional requirement that "full faith and credit": be given to judgments rendered by other states.
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.
The Uniform Enforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25 et seq.) permits a judgment, decree, or order of the United States or of any other Court which is entitled to full faith and credit in this State to be filed with the Clerk of the Superior Court of New Jersey.
If you hold a judgment obtained in another state against a resident of New Jersey, you may wonder whether your judgment can be enforced in New Jersey without new legal action being initiated. The answer is “yes”. New Jersey has adopted the Uniform Enforcement of Foreign Judgments Act (N.J.S.A. 2A:49A-25, et seq.)
Before a foreign company can be hailed into US state or federal court, it must first be notified of the lawsuit. Lawsuits in the United States begin with the service of a complaint upon a prospective defendant. Service is generally a straightforward process governed by local state and federal court rules.
The first point to note is that the US is not a signatory to any convention or treaty in relation to the enforcement of foreign judgments. The recognition and enforcement of an English judgment in the US will depend on the state in which that recognition and enforcement is sought.
A judgment must be recognised only if it has effect in the state of origin, and must be enforced only if it is enforceable in the state of origin. Recognition or enforcement may be refused only on the grounds specified in the convention.
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.
On June 27, 2024, the United Kingdom ratified the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Convention).
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.
