Judgment Against Property Foreign Company In San Antonio
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FAQ
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.
A foreign judgment can be authenticated “in ance with an act of congress or a statute of this state,” which then “may be filed in the office of the clerk of any court of competent jurisdiction of this state.” TEX. CIV. PRAC. & REM.
—The term "foreign judgment" means a final judgment rendered by a foreign court. (5) State . —The term "State" means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
What this means is that a creditor has to register his out-of-state judgment in the new state in order to enforce the judgment under the laws of the new state.
Although there is no judgement enforcement treaty between most countries and the United States, normally US courts will enforce a validly entered foreign judgement. The US court will require that the US based judgement debtor was aware of the foreign proceedings.
If a judgment is entered against the debtor in one state, but the debtor resides in another state or the debtor's assets are located in another state, then the creditor must transfer the judgment to that state.
On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion—or the judgment, if no opinion was written—and a notice of the date when the judgment was entered.
A Texas judgment is valid for ten years from the date it is signed by the judge. After the expiration of ten years the judgment is dormant for two years. During that two year period of dormancy the judgment cannot be enforced.
Depending on the defendant's financial situation, it can be very difficult to collect a judgment.
