Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Recognition of Foreign Judgments Now More Difficult in New Jersey

Author: Robert E. Levy

Date: March 1, 2018

Key Contacts

Back

Prior to Leaving Office, Gov. Christie Signed Legislation Into Law Making Recognition of Foreign Judgements More Difficult in New Jersey

Prior to leaving office, Gov. Chris Christie signed legislation into law that may make it more difficult for judgment creditors to enforce foreign judgments without additional litigation and expense.

Recognition of Foreign Judgements Now More Difficult in New Jersey
Photo courtesy of Philip Veater (Unsplash.com)

Recognition of Foreign Judgements Under Prior Law

Foreign country money judgments are enforceable in the same manner as the judgment of a sister state, which is entitled to full faith and credit in New Jersey courts. Under the prior version of the law, the Foreign Country Money-Judgments Recognition Act, an authenticated copy of a foreign judgment, decree, or order could be directly filed with the Clerk of the Superior Court of New Jersey, along with a supporting affidavit from the judgment creditor. Thereafter, the clerk was required to “treat the foreign judgment in the same manner as a judgment of the Superior Court of New Jersey.”

While the former process was extremely straightforward, it was not without its critics. In 2015, the Appellate Division suggested that the New Jersey Legislature reconsider the recognition of foreign judgments. While the court upheld the prior version of the law in Enron (Thrace) Expl. & Prod. BV v. Clapp, 378 N.J. Super. 8, 15 (App. Div. 2005), it also raised concerns:

We note that concerns about the constitutionality of the filing . . . of judgments from nations that do not adhere to basic principles of due process of law may be addressed by amending the FCMJRA to require prior judicial approval of judgments of foreign countries by way of motion or a separate enforcement proceeding. We suggest that the Legislature consider such a change to avoid potential claims that the filing of judgments of certain foreign nations, without prior notice and the opportunity to be heard, may result in an unconstitutional taking of property without due process of law.

The Foreign Country Money-Judgments Recognition Act of 2015  

More than decade later, the Legislature incorporated the Appellate Division’s advice when amending the law. The Foreign Country Money-Judgments Recognition Act of 2015 replaces existing statutes concerning the recognition of foreign country money-judgments. Like its predecessor, it does not apply to a foreign-country judgment to the extent that the judgment is: a judgment for taxes; a fine or other penalties; or a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.

Most notably, the amended law mandates that when creditors seek recognition of a foreign judgment as an original matter, they must file a legal action seeking recognition rather than simply filing the judgment with the clerk. It further provides that a party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition exists. A court may not recognize a foreign-country judgment if: the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the International Institute for the Unification of Private Law to govern resolution of transnational disputes; the foreign court did not have personal jurisdiction over the defendant; or the foreign court did not have jurisdiction over the subject matter.

In addition, a New Jersey court may determine, in its discretion, not to recognize a foreign-country judgment if:

  • The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
  • The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
  • The judgment or the cause of action on which the judgment is based is repugnant to the public policy of New Jersey or of the United States;
  • The judgment conflicts with another final and conclusive judgment;
  • The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
  • In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; 
  • The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
  • The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the International Institute for the Unification of Private Law to govern resolution of transnational disputes.

In contrast, where a foreign-country judgment has been rendered in default of appearance of the defendant, the party seeking recognition has the burden of establishing certain factors, such as jurisdiction and service of process.

The Foreign Country Money-Judgments Recognition Act of 2015 also provides for circumstances in which a foreign-country judgment may not be refused recognition for lack of personal jurisdiction. In addition, it provides that the New jersey may recognize bases for personal jurisdiction other than those listed in the bill as sufficient to support a foreign-country judgment, as long as the exercise of personal jurisdiction in the foreign country is compatible with the Due Process Clause of the United States Constitution.

The new law expressly provides that if the court in a proceeding finds that the foreign-country judgment is entitled to recognition then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in New Jersey would be conclusive and is enforceable in the same manner and to the same extent as a judgment rendered in the state.

Finally, the Foreign Country Money-Judgments Recognition Act of 2015 provides that an action to recognize a foreign-country judgment may not be commenced before the foreign-country judgment becomes effective in the foreign country, or after 15 years from the date that the foreign-country judgment became effective in the foreign country.

Bottom Line for New Jersey Businesses

Under the new procedures, judgment debtors will have a new avenue to delay and challenge foreign judgments. For businesses seeking to enforce a foreign judgment, it is imperative to work with an experienced New Jersey litigation attorney.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Robert Levy, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!