The United States does not have a federal law that governs the recognition or enforcement of foreign judgments, However, the majority of US states have adopted a version of the Uniform Foreign-Country Money Judgments Recognition Act of 2005 (Recognition Act 2005) or Uniform Foreign Money- Judgments Recognition Act of 1962 (Recognition Act 1962) (together, the Recognition Acts), which authorize the recognition of a judgment by a state only if it is shown to be a final judgment under the law of the originating country.
In order for a US court to enforce a foreign judgment, it must be a final judgment (Section 3(a)(2) Recognition Act 2005; section 3, Recognition Act 1962).1 The judgment must be certified by the originating foreign court, and must include both a certified English translation of the judgment order as well as an affidavit by a legal expert in the country where the originating court is seated attesting that the judgment is final and enforceable per the laws of the foreign jurisdiction.
Additionally, judgments from foreign courts do not fall under the Full Faith and Credit Clause of the US Constitution (which requires each state to respect the “public acts, records and judicial proceedings of every other state”). Therefore, the US court must also find that requirements of due process, personal jurisdiction, and subject matter jurisdiction are satisfied when considering a petition to recognize a foreign judgment.
The foreign court’s due process does not need to be identical to the process afforded under US law; however, in accordance with the 2005 Recognition Act § 4(b)(1) the due process of the foreign court needs to be “compatible with the requirements of due process of law.” This requires a showing by the petitioner that the defendant had an opportunity for a full-and-fair trial abroad before a court of competent jurisdiction, voluntary appearance of the defendant, impartial administration of justice between domestic and foreign parties, and that the judgment and applicable legal system presents no indicia of either prejudice or fraud. In addition, the petitioner must show that the court had valid basis for its jurisdiction over the defendant and the property involved in the judgment. Under the Restatement and Recognition Acts, lack of personal jurisdiction and/or subject matter jurisdiction are mandatory grounds for non-recognition of a foreign judgment.
Understanding foreign judgments in the state of Florida
Florida has adopted the Revised Uniform Enforcement of Foreign Judgment Act.2 Companies and individuals who have obtained judgments in a foreign court against debtor/defendants with assets in Florida seek to domesticate their judgments under this Act to collect monies owed for unpaid goods and services, and to otherwise enforce their rights under the Uniform Commercial Code (UCC), the Convention on the International Sale of Goods (CISG), and multiple other laws which may apply. Domestication of a foreign judgment in Florida is permitted only if the defendant/debtor lives in Florida, the defendant/debtor owns property or assets in Florida, or the defendant/debtor is a company domiciled in Florida.
The Act requires the petitioner/creditor to file an affidavit containing the information that the court needs to recognize the foreign judgment in Florida; most notably, evidence that the judgment at issue is a final judgment that is enforceable in the country in which it was issued. Once a foreign judgment is registered in Florida, the registration is valid for twenty (20) years, and the foreign judgment is administered as if it was ordered by a US court. It can be enforced as a Florida judgment, and may also be used to obtain a lien on the defendant’s real and/or personal property to satisfy the judgment. Judgments that are not recorded as liens, or are recorded as junior liens, are still valid judgments that can be executed against the defendant/debtor’s property. A judgment creditor can also have the sheriff seize and sell any non-exempt property that the defendant owns, garnish the defendant’s non-exempt wages, or take the defendant’s non-exempt bank accounts to satisfy the judgment, among other actions.
1 Whether the defendant must have exhausted all appeals prior to a
judgment being deemed a “final judgment” depends on the US state in
which you are seeking to have the judgment enforced. While some states
will allow enforcement of judgments prior to any and all appeals having
been exhausted, others do not. In this regard, anyone attempting to enforce
a foreign judgment should first check the law of the applicable state prior
to taking any action.
2 California and Vermont are the only US states which have not adopted the
Uniform Enforcement of Foreign Judgments Act.
