Recognition comes before collection
Enforcement of foreign judgments in New York generally begins with a recognition proceeding in state court. New York has adopted an updated version of a uniform act on foreign-country money judgments, and a creditor commonly seeks recognition by filing an action or a motion for summary judgment in lieu of a complaint. Once recognized, the foreign judgment can be enforced like a New York judgment, using restraining notices, executions, and liens. Some categories, such as judgments for taxes or penalties, and many family-law awards, fall outside that act and follow different rules. Judgments from other US states use a separate and usually simpler process.
What a New York court looks at
The court considers whether the foreign court had jurisdiction over the defendant and whether the proceeding met basic standards of fairness. The defendant may also argue other grounds the statute allows, such as lack of notice or fraud in obtaining the judgment. New York does not generally require proof that the foreign country would enforce a New York judgment in return. Gather a certified copy of the judgment, a certified translation, proof of service in the original case, and evidence that the judgment is final. Records showing the defendant's participation in the foreign case can be especially useful. A judgment still under appeal abroad may be handled differently, since the court can wait for the appeal or require security.
Planning recognition and collection together
Recognition is a step toward collection, so we look at where the debtor's assets are and how quickly they could be moved. In some cases, provisional remedies may be available while recognition is pending. We also coordinate with counsel in the country where the judgment was issued, which is often necessary for Korean judgments. Timing matters, because time limits apply to recognition and to enforcement. The first conversation focuses on the judgment, the debtor's assets, and the steps needed to reach them.
