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2014 SESSION
SB 473 Foreign judgments; Uniform Foreign Country Money-Judgments Recognition Act.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Foreign judgments. Replaces the Uniform Foreign Country Money-Judgments Recognition Act enacted in Virginia in 1990 with the version approved by the National Conference of Commissioners on Uniform State Laws in 2005, which has been adopted in 18 states and the District of Columbia. Both versions provide for recognition and enforcement of foreign-country judgments in a United States state court. Judgments on taxes, fines, or criminal-like penalties and judgments relating to domestic relations are not covered by the Act. The Act provides that a foreign-country judgment will not be recognized if it comes from a court system that is not impartial or that dishonors due process, or when there is no personal jurisdiction over the defendant or over the subject matter of the litigation. The 2005 Act clarifies that a judgment entitled to full faith and credit under the United States Constitution is not enforceable under this Act and expressly provides that a party seeking recognition of a foreign-country judgment has the burden to prove that the judgment is subject to the Uniform Act. The Act imposes the burden of proof for establishing a specific ground for nonrecognition upon the party raising it, addresses the specific procedure for seeking enforcement, and provides a statute of limitations on enforcement of a foreign-country judgment.
SUMMARY AS INTRODUCED:
Foreign judgments. Replaces the Uniform Foreign Country Money-Judgments Recognition Act enacted in Virginia in 1990 with the version approved by the National Conference of Commissioners on Uniform State Laws in 2005, which has been adopted in 18 states and the District of Columbia. Both versions provide for recognition and enforcement of foreign-country judgments in a United States state court. Judgments on taxes, fines, or criminal-like penalties and judgments relating to domestic relations are not covered by the Act. The Act provides that a foreign-country judgment will not be recognized if it comes from a court system that is not impartial or that dishonors due process, or when there is no personal jurisdiction over the defendant or over the subject matter of the litigation. The 2005 Act clarifies that a judgment entitled to full faith and credit under the U.S. Constitution is not enforceable under this Act and expressly provides that a party seeking recognition of a foreign-country judgment has the burden to prove that the judgment is subject to the Uniform Act. The Act imposes the burden of proof for establishing a specific ground for nonrecognition upon the party raising it, addresses the specific procedure for seeking enforcement, and provides a statute of limitations on enforcement of a foreign-country judgment.