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  1. #1
    Join Date
    May 2013
    Posts
    2

    Default Enforcement of a Foreign Judgement in California

    My question involves judgment recovery in the State of: California

    I previously resided in Canada, but as of June 2008, I have permanently resided in the United States. During a visit to Canada in February of 2009, I was involved in an incident, and I am now the defendant in a person injury case stemming from that incident. I am being sued for a sum of money I will never be able to pay, ever. The cost of hiring an attorney for a case like this is huge, which is why I have considered having a default judgement against me.

    I was served with the lawsuit in the United States, not in Canada. So far, I have NOT responded with a statement of defence. All I have responded with is a form called "Notice of Intent to Defend". I did so in order to buy myself more time to decide what I was going to do.

    I have done a lot of reading and see that a Canadian judgment can be enforced in California, but not in ALL cases. It seems like I may have a jurisdiction defense, but I am not completely sure, which is why I am here.

    The following article provided a lot of information:


    http://www.lacba.org/Files/LAL/Vol32No2/2582.pdf

    Specifically the paragraph starting with "The UFCMJRA specifically addresses the defense of the lack of personal jurisdiction. A court may not refuse recognition for lack of personal jurisdiction if:"


    In regards to the above article..my situation has nothing to do with a business of any sort. This is a personal matter. The incident also has nothing to do with an automobile accident. The reason I mention this is because according to the above article, if it did have to do with a business deal of some sorts or the operation of an automobile, the personal jurisdiction defense would not be applicable.

    Thank you in advance for any help anyone is able to provide. If you need more information, I'd be more than glad to provide it. I have already tried contacting a number of attorneys in California and they said they had no experience regarding foreign judgments.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Enforcement of a Foreign Judgement in California

    The state of CA can elect to recognize a foreign judgment by statute. You had the option to defend yourself there and chose not to do so. You can again appear in CA court and argue your defense as to why domestication should not be granted.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Enforcement of a Foreign Judgement in California

    Depending on the subject matter of the lawsuit and the facts behind the lawsuit, you may or may not have a defense against enforcement of a judgment in California. We don't know any of the material facts, so we can't tell you what will happen. You will have to present any jurisdictional defense if and when they seek to enforce the judgment through the California courts.

    At this point you admit to having some sort of involvement in whatever happened in Canada, and you admit to being served with the lawsuit, so you should assume that you'll eventually be held to account. You have the option of discussing the details of the case with a bankruptcy lawyer to see if it would be dischargeable, with a bankruptcy discharge rendering the debt uncollectable in the U.S.

  4. #4
    Join Date
    May 2013
    Posts
    2

    Default Re: Enforcement of a Foreign Judgement in California

    Quote Quoting Mr. Knowitall
    View Post
    Depending on the subject matter of the lawsuit and the facts behind the lawsuit, you may or may not have a defense against enforcement of a judgment in California. We don't know any of the material facts, so we can't tell you what will happen. You will have to present any jurisdictional defense if and when they seek to enforce the judgment through the California courts.

    At this point you admit to having some sort of involvement in whatever happened in Canada, and you admit to being served with the lawsuit, so you should assume that you'll eventually be held to account. You have the option of discussing the details of the case with a bankruptcy lawyer to see if it would be dischargeable, with a bankruptcy discharge rendering the debt uncollectable in the U.S.
    Thank you. I guess the major problem of me responding to the lawsuit would be that it would waive any right I would have to utilizing the jurisdiction defense at the enforcement stage. Also, I have already spoken to bankruptcy lawyers and it is very likely it will not be dischargeable due to it being an intentional act.

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