For many Los Angeles businesses, legal disputes do not end with a victory in court. Winning in a California court, whether in superior court, district courts, or federal courts, is only part of the process. If the other party has moved assets overseas, the party seeking to collect must take extra steps to enforce the judgment internationally.
This process, known as the enforcement of judgments, often requires filing legal actions in foreign courts, tracing assets such as bank accounts or real estate, and complying with each country’s legal system. A skilled California judgment enforcement lawyer in Los Angeles can guide businesses through these challenges.
Why Winning in California Is Not the End
A court ruling from a trial court or superior court gives you the legal right to collect the money owed. But if the defendant’s assets are abroad, that right must be recognized by the foreign court before you can recover sums of money.
Common reasons this step is required include:
- The foreign court will not act until a file a motion for recognition is made.
- Some jurisdictions limit enforcement for breach of contract damages or reject punitive awards.
- The legal system in that country may require evidence of proper notice and jurisdiction.
The Recognition Process Abroad
No Automatic Court Order Enforcement Under U.S. Law
The U.S. has no universal treaty for enforcing California court judgments internationally. Recognition depends on the foreign country’s laws and, in some cases, the principle of full faith and credit within their own systems.
Reciprocity and Comity
- Reciprocity means the foreign country enforces U.S. judgments only if U.S. courts’ processes would enforce theirs.
- Comity allows enforcement out of respect for the foreign court’s decision, unless it violates local public policy.
Steps to Enforce a California Court System Overseas
If you have a foreign judgment enforcement from a California court and need to collect abroad, the process typically involves:
- Locate Assets
- Find the debtor’s bank accounts, real estate, or other assets in the foreign country.
- Hire Local Corporate Litigation Attorney
- Work with a lawyer familiar with the local legal system and enforcement of judgments.
- Prepare and Authenticate Documents
- Obtain a certified copy of your court ruling and, if needed, an apostille under the Hague Apostille Convention.
- File a Motion for Recognition
- Ask the foreign court to recognize your judgment. This is often the first formal step toward recovery.
- Defend Against Challenges
- Be ready if the debtor disputes jurisdiction or service of process.
- Enforce Locally
- Once recognized, you can request a writ of execution, freeze bank accounts, or place liens on real estate.
Real-World Challenges for Los Angeles Businesses
A Los Angeles exporter won a breach of contract case in superior court, recovering millions in damages. However:
- Recognition in a foreign court took more than a year.
- The debtor moved sums of money to other jurisdictions during the delay.
- Only part of the award was enforced because local law rejected punitive damages.
This example shows why working with both a California judgment enforcement lawyer in Los Angeles and foreign counsel is crucial.
Tools and Treaties That Help
- Hague Apostille Convention: Simplifies document authentication for countries that are members.
- New York Convention: Covers arbitration awards, which are often easier to enforce than court judgments.
- Bilateral Treaties: In rare cases, the U.S. has agreements that make recognition faster.
Avoiding Common Mistakes
- Delaying legal actions can give debtors time to hide assets.
- Failing to follow foreign legal system procedures may cause dismissal.
- Overlooking currency controls can reduce the amount you collect.
Why Local and International Expertise Matters
Enforcement involves both California and foreign law. An experienced California judgment enforcement lawyer in Los Angeles can coordinate with local counsel abroad, prepare required filings, and move quickly to protect assets.
Our Business and Corporate Litigation team has handled cases involving complex cross-border disputes, while our Creditors’ Rights and Asset Recovery services focus on collecting judgments wherever assets are located.
Conclusion
Winning in a California court is an important step, but collecting abroad requires strategy and speed. By working with legal teams experienced in enforcing California court judgments internationally, you can improve your chances of recovering what is owed, no matter where the debtor’s assets are.
FAQs: Enforcing California Court Judgments Abroad
How long does international judgment enforcement take?
It varies by country, from a few months to several years.
Can I enforce my judgment if the debtor has no assets in the U.S.?
Yes. You must locate and pursue assets in the foreign country’s courts.
What is the meaning of a writ of execution?
You are permitted to seize assets, including bank accounts and real estate, pursuant to a California court order.
Do I need a translation of my judgment?
Most foreign courts require a certified translation.
Can I recover my legal costs?
Some jurisdictions allow it, depending on their legal system.