Legal Question in International Law in California

Execution of foreign court orders in the U.S.

Hello everyone,

I have a specific question about execution of a foreign court order by a U.S. court. Has any court in the U.S. accepted and executed a civil judgment or order from a court in India? It can be a federal or a state court in the U.S. It can be in any state.

If so, I would like to know the name of the U.S. court, case name and dates, and a brief description of the matter.

Any help or pointers will be greatly appreciated.

Regards,

AK


Asked on 8/16/04, 10:21 am

1 Answer from Attorneys
Francis R 'Francois' Favre, Esq. The International Lawyer

Re: Execution of foreign court orders in the U.S.

Usually in the absence of an International "reciprocity" treaty between two countries (i.e. US and India) there is no "automatic" enforcement of foreign judgment from one country to the other. However, in the US, many states, provide for specific procedures to be strictly followed in order to sue for money recovery pursuant to a foreign judgment. In California several sections of the Code of Civil Procedure make reference to your problem, including (1) Sections 1713 thru 1713.8 (a.k.a the Uniform Foreign Money- Judgments Recognition Act,) which covers most of the Foreign judgments but taxes related or family matters, and (2) Secs. 676 thru 676.16 (known as the Uniform Foreign-Money Claims Act, ) Sections 1895 thru 1917 (definitions, finality of judgments.)

You may want to see a local attorney.

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Answered on 8/24/04, 8:25 pm


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