Foreign Judgment Enforcement Attorney

The New York Uniform Foreign Country Money Judgments Recognition Act applies to a judgment to the extent that it grants or denies recovery of money and is final, conclusive, and enforceable where rendered. A pending or possible appeal does not automatically prevent recognition. Article 53 excludes judgments for taxes, fines or penalties, or divorce, support, maintenance, and other domestic-relations matters.

The New York Convention generally applies to qualifying foreign arbitral awards, while Article 53 addresses foreign-country court money judgments. Underlying contract or fraud issues may also involve Commercial Litigation.

CPLR §§ 5304 and 5305 address whether the foreign court had personal and subject-matter jurisdiction. Accepted bases for personal jurisdiction include service in the foreign country, voluntary appearance, consent, domicile or qualifying corporate status, and certain business contacts tied to the claim.

In Abu Dhabi Commercial Bank PJSC v. Saad Trading, Contracting & Financial Services Co., the First Department held that recognition did not require personal jurisdiction over the debtor in New York or existing New York assets. Later, AlbanianBEG Ambient Sh.p.k. .. Enel S.p.A. held that when colorable statutory grounds place validity in dispute, an in personam or in rem jurisdictional basis is required. Collection against property or a garnishee also requires appropriate jurisdiction and procedure.

A New York court may not recognize a judgment if the foreign judicial system did not provide impartial tribunals or procedures compatible with due process, the foreign court lacked personal jurisdiction over the defendant, or the foreign court lacked subject-matter jurisdiction.

A New York court also may decline recognition when:

• The defendant lacked timely notice sufficient to defend the foreign proceeding.
• Fraud deprived the losing party of an adequate opportunity to present its case.
• The judgment or claim is repugnant to New York or United States public policy.
• The judgment conflicts with another final and conclusive judgment.
• The proceeding violated an agreement requiring the dispute to be resolved elsewhere.
• Jurisdiction rested only on personal service, and the foreign court was a seriously inconvenient forum.
• The circumstances raise substantial doubt about the integrity of the rendering courts regarding the judgment.
• The specific proceeding was incompatible with due process.
• A foreign defamation judgment did not provide comparable constitutional protections for speech and the press.

The opposing party generally must prove a listed ground. For defamation, a specific burden shifts to the party seeking recognition once the judgment is shown to concern defamation. A foreign state or qualifying agency or instrumentality requires separate review of jurisdictional and execution immunity under the Foreign Sovereign Immunities Act. These issues may also involve International Disputes.

A creditor seeking recognition as an original matter may file an action on the judgment or a motion for summary judgment in lieu of complaint under CPLR § 3213. In an existing action, recognition may be raised by counterclaim, cross-claim, or affirmative defense. Section 3213 allows motion papers to be served with the summons, but it does not guarantee recognition or a decision date.

A New York state-court action follows applicable CPLR service provisions. A federal action follows Federal Rule of Civil Procedure 4 and requires independent subject-matter jurisdiction. The Hague Service Convention applies to documents transmitted abroad when the matter is within its scope and the receiving country is a party. Translation, authentication, and permitted methods vary.

Under CPLR § 5303(d), recognition must be sought within the earlier of the judgment's effective period in the foreign country or 20 years from the date it became effective there. This differs from the general 20-year period under CPLR § 211(b) and the real-property lien under CPLR § 5203(a), which generally lasts 10 years from filing of the judgment-roll.

If a party establishes that an appeal is pending or will be taken, CPLR § 5306 permits a stay until the appeal concludes, the appeal period expires, or the appellant has had sufficient time to proceed and fails to do so. Timing and cost vary with service, court schedules, foreign records, and opposition.

A recognized judgment is enforceable like a New York judgment. A creditor may issue and serve a restraining notice under CPLR § 5222, but recognition alone does not freeze an account. Exemptions, third-party rights, priorities, jurisdiction, and service may limit collection. Disclosure proceeds under CPLR §§ 5223 and 5224; levies and executions follow CPLR § 5230 and related provisions.

Attachment under CPLR Article 62 requires a ground under CPLR § 6201 and satisfaction of the other applicable requirements. Assets moved to affiliates may require alter-ego liability or a remedy under New York's Uniform Voidable Transactions Act. A judgment against one company cannot automatically be enforced against a non-party subsidiary.

Bankruptcy or restructuring may affect collection through the automatic stay, claim priorities, avoidance powers, or proceedings abroad. Creditors facing those issues may need to consider Corporate Insolvency rules alongside Articles 52 and 53.

Counsel can assess eligibility, review the foreign record and service history, prepare a CPLR § 3213 motion, address non-recognition arguments, and plan discovery and execution. The approach depends on the judgment, appeal, debtor, assets, and any immunity or insolvency issues. SJKP assists businesses and foreign judgment creditors with New York recognition, enforcement planning, and related cross-border disputes. Contact SJKP to discuss a particular judgment.