Legal Question in Credit and Debt Law in California

Re: Civil Judgment

Let's assume for the moment that there is no treaty between the US and South Africa that would automatically result in the enforcement of your judgment. For all I know maybe there is, but I haven't researched this point. Your problem then becomes suing the US company in a US court while minimizing your costs. (I will also assume the US company has assets in the US from which a judgment could be satisfied.) You might be concerned that, for example, you or your witnesses would need to incur travel and other expenses such as in having to come to the US to testify. This might not necessarily be the case. There are discovery tactics such as a "request for admissions" whereby if the defendant refuses to admit the truth of certain facts, and you have to incur expenses to prove the facts, you can recover your expenses, win or lose. You do not have to be physically present in the US to file your lawsuit -- only your lawyer does. If your defendant is located in California, I would be pleased to consult with you further. My normal telephone hours are 10 A.M.-Midnight California time (GMT-8).

Re: Civil Judgment

A foreign judgment is not automatically enforceable in a California court; whether a South African judgment would be held as viable and enforceable is a question I can't answer without knowing more about the case. If you sue here, and receive a default, typically you would not have to have anyone come to the United States; only if the defendant contests the lawsuit and litigation esues would someone have to appear here. Feel free to contact me if you would like to discuss this further.

Re: Civil Judgment

If South Africa signed the appropriate treaty with the United States, then there is an expedited procedure that would allow you to register the South African judgment in a California court. You could then use the California judgment to go after the debtor's assets. The process of registration is handled by a California attorney without any hearings.

The debtor can still challenge the jurisdiction of the South African court in the California court. If you need further assistance, please contact my office.

Re: Civil Judgment

Depending upon the judgment and nature of the judgment, a sister state or foreign judgment could be filed in California. Upon service upon the Defendant with 30 days passing, the judgment becomes final. We would need a certified copy of the judgment and interest calculation to assist you. Should you have any questions, please contact us.