I Have a Judgment from a Provincial or Superior Court in Canada and the Judgment Debtor lives in Arizona. How can I Collect on the Judgment?

In today’s global economy, dealing with assets in multiple countries is becoming increasingly common, especially with neighboring countries like the United States and Canada. Accordingly, it may become necessary to pursue a judgment debtor in Arizona to collect on a judgment obtained in Canada. The Arizona state legislature has adopted the Uniform Foreign-Country Money Judgments Recognition Act in order to address and remedy this exact situation. Even with the Act, collecting on a judgment from Canada is a complex process. If you have a judgment from a provincial or superior court in Canada and are considering collecting in Arizona, please speak with one of our experienced attorneys today.

History of the Uniform Foreign-Country Money Judgments Recognition Act

Hilton v. Guyot established the fundamental basis for recognizing and enforcing foreign judgments in the U.S. In the Hilton case, a federal district court held that a French court judgment was enforceable on a U.S. defendant without any retrial. While the Hilton decision made enforcing foreign judgments possible, enforcing such judgments in the U.S. remained arduous, expensive, and uncertain due to the lack of legislation and clear common law principles. In 1962, following the example of the Uniform Enforcement of Foreign Judgments Act (1948), the Uniform Law Commissioners announced the Uniform Foreign Money-Judgments Recognition Act. While the 1948 Act allowed for states to enforce judgments made in other states, the Foreign Money-Judgments Recognition Act provided for enforcement of foreign country judgments in the United States state courts. Arizona has adopted this uniform law through Title 12 of the Arizona Revised Statutes (A.R.S.) as the Uniform Foreign-Country Money Judgments Recognition Act and it remains good law today.

Can my Judgment be recognized in Arizona under the Uniform Foreign-Country Money Judgments Recognition Act?

Before attempting to register and enforce your Canadian judgment in an Arizona court, you must decide if the Arizona courts will actually recognize the foreign judgment. As a plaintiff attempting to enforce the judgment, you have the burden of establishing that such judgment should be recognized under Arizona law. The following statutory conditions must be met for recognition to apply under the Uniform Foreign-Country Money Judgments Recognition Act:

Foreign Judgement must be made final

Foreign Judgment
must be Final

Pursuant to Arizona Law, only judgments that are “final, conclusive and enforceable” in the country where the judgment is rendered may be enforceable in Arizona. Finality of the judgment means that the court resolved all issues in dispute and settled the parties’ rights with respect to those issues. As long as the judgment rendered by the court in Canada is final and enforceable in Canada, it would qualify for domestication under the Act.

Foreign judgement must be for monetary damages

Foreign Judgment must be for Monetary Damages

A judgment rendered by the Canadian court must grant or deny the recovery of a sum of money to be enforceable in Arizona. Judgments for injunctive relief or a judgment for taxes, a fine, criminal penalty, or a judgment for support in a family matter are not enforceable under the Act. For recognition of family matter related judgments, see Domestic Relations Judgments section at the end of this article.

Filing a Foreign Judgment

If the Uniform Foreign-Country Money Judgments Recognition Act applies to your foreign judgment (meaning that it is final and for monetary damages), then you can proceed to register the judgment in Arizona. This is sometimes referred to as the domestication process. In order to start this application process, you will need to file an application for registration of the foreign-country judgment together with an authenticated copy (also called exemplified copy or triple-seal copy) of the foreign judgment with the clerk’s office of any superior court in Arizona.

To receive the authenticated copy of your judgment, you will need to contact the foreign court that originally issued the judgment and receive the authenticated copy of the judgment from that court. Additionally, the clerk’s office of the Arizona superior court also requires that you include several other documents in your application, including: an affidavit substantiating the foreign judgment, notice of filing the foreign judgment, a civil cover sheet, and notice to the debtor of filing the foreign judgment, to name a few.

Under the law, the Arizona court may deny recognition of the judgment only for reasons such as:

Canadian court does not have jurisdiction over the defendant or the subject matter of the dispute

The Canadian court did not have jurisdiction over the defendant or the subject matter of the dispute

Judgement was obtained by fraud

The judgment was obtained by fraud

Defendant did not receive notice in time to defend the lawsuit

The defendant did not receive notice in sufficient time to defend the lawsuit

Cause of action is repugnant to Arizona public policy

The underlying cause of action is repugnant to Arizona public policy

480-325-9900
Email

Domestic Relations Judgments Recognized Under a Different Statute

While the Uniform Foreign-Country Money Recognition Act does not apply to a foreign judgment that is “for divorce, support or maintenance or other judgment rendered in connection with domestic relations,” it is still possible to register a foreign-country domestic relations judgment for enforcement in Arizona under A.R.S. 25-1302.

In order to register the judgment for enforcement, you must send a letter to the court in Arizona requesting registration and enforcement along with:

Two copies, including one certified copy, of the court order/judgment to be registered

Two copies, including one certified copy, of the court order/judgment to be registered

Sworn statement by you as the person requesting registration showing the amount due on the judgment

A sworn statement by you as the person requesting registration showing the amount due on the judgment

The name of the judgment debtor, social security number, address, employer information, and a description and location of any property they own

The name of the judgment debtor and, if known, that person’s social security number, address, employer information, and a description and location of any property they own

Once the authenticated copy of the foreign judgment is filed, the court will treat the judgment as an Arizona judgment for purpose of collection. This means that you can record the domesticated judgment in any Arizona county and that it will be a lien on any real property owned by the judgment debtor in the county in which it is recorded. At this point, you will be able to start any collection process available under law, such as garnishment of earnings and other assets, writs of execution, etc.

Domestic Relations Judgments Recognized Under a Different Statute

Arizona Courts Are Different From Provincial & Superior Canadian Courts

When bringing a claim against an Arizona defendant, it is critical that you remember just how distinct Arizona courts are from provincial and superior Canadian courts. Carefully planning your steps with an experienced attorney before drafting your court documents will help you avoid many pitfalls and increase your chances of getting a full recovery.

Arizona court must have jurisdiction over the defendant

An Arizona court cannot take jurisdiction over a claim unless the Arizona court has jurisdiction over the defendant. Determining jurisdiction over a defendant is based on a number of complicated factors, including the defendant’s contacts with Arizona. As to personal jurisdiction in the Canadian court, if a defendant debtor can prove that the Canadian court that determined the original judgment, lacked personal jurisdiction, then the Arizona courts will not enforce the judgment, even if it was final. Understanding the personal jurisdiction of both parties before filing in Arizona is essential to figuring out how successful you will be in obtaining recovery.

Figure out what asset the debtor has

Figure out what assets the debtor has and where they are located before initiating any filing procedures to enforce the judgment in Arizona. Depending on the assets that the debtor has available in Arizona and other U.S. states, it might be more advantageous to file in another state.

Understand how to properly write and file an affidavit

Make sure you understand how to properly write and file an affidavit with the clerk of the court, including proof of proper notice of any domestication proceedings mailed to the debtor. If the affidavit is not executed correctly or the debtor does not receive proper notice, then you could be statutorily prevented from collecting on your judgment in Arizona.

Here at Denton Peterson, our experienced attorneys are prepared to help you collect on the money that is rightfully yours. If you have a judgment from a Canadian or other foreign court that needs to be collected on, give us a call today. Not only can we help with your enforcement of Canadian judgement matters, but we also have a team of Scottsdale business lawyers, Gilbert employment attorneys, and Scottsdale litigation lawyers who can help in a variety of matters throughout Arizona.

Top Arizona Foreign Judgment Enforcement Lawyers

5 Star Rated Judgment Attorneys on Avvo, Google & More

At Denton Peterson, you will be able to find a knowledgeable, experienced Arizona enforcement lawyer able to assist you in the process of collecting a judgment from Canada. We know that this collection process is complex with many complicated steps, so the lawyers at Denton Peterson will assist you closely throughout the process to ensure a full recovery. Consult with our Arizona litigation attorneys and trusted business lawyers in Phoenix to find out more.

Google Top Rated Foreign Judgment Lawyer AZ
BBB A+ 5 star rated Foreign Judgment lawyer
Yelp 5 Star Rated Foreign Judgment Attorneys
Avvo Top Rated Foreign Judgment Lawyers
Facebook 5 Star Rated Foreign Judgment Law Firm

Domesticate Canadian Judgment In Arizona

History of the Uniform Foreign-Country Money Judgments Recognition Act

Hilton v. Guyot established the fundamental basis for recognizing and enforcing foreign judgments in the U.S. In the Hilton case, a federal district court held that a French court judgment was enforceable on a U.S. defendant without any retrial. While the Hilton decision made enforcing foreign judgments possible, enforcing such judgments in the U.S. remained arduous, expensive, and uncertain due to the lack of legislation and clear common law principles. In 1962, following the example of the Uniform Enforcement of Foreign Judgments Act (1948), the Uniform Law Commissioners announced the Uniform Foreign Money-Judgments Recognition Act. While the 1948 Act allowed for states to enforce judgments made in other states, the Foreign Money-Judgments Recognition Act provided for enforcement of foreign country judgments in the United States state courts. Arizona has adopted this uniform law through Title 12 of the Arizona Revised Statutes (A.R.S.) as the Uniform Foreign-Country Money Judgments Recognition Act and it remains good law today.

Testimonials

Five Star Rated TRO Attorneys Near Arizona

Working with Tim Coons at Denton Peterson was awesome! Tim does an amazing job at understanding where you are at and presenting the best options to get to where you want to go. If you are looking for an attorney you can trust and who will listen to you, then choose Tim. From beginning to end Tim will talk through your options and help you figure out what is best for YOU. If you have the gut feeling you should contact someone regarding a legal issue do yourself a favor and contact Tim.

★★★★★Alexander H.

I highly recommend this law firm. I used them recently for a small business issue I was having. The attorney was very hands-on and walked me through the whole process. The consultation was very informative and Tim went out of his way to call me and keep me in the loop throughout the entire situation. I felt I was in really good hands the whole time. Thank you!

★★★★★Olivia M.

I had the opportunity to work with Sterling Peterson at Denton Peterson law firm relating to a dispute I encountered with a medical practice in Scottsdale… I am very grateful I was able to rely on him for legal counsel. Sterling is a professional and a trusted lawyer you can count on and I would happily recommend Sterling Peterson or his firm to others.

★★★★★Espen K.

Read More

Arizona’s Local Judgment Domestication Lawyers

Professional Judgment Legal Help Since 1987

Although the United States has finally climbed its way out of the Recession which was caused in great part by the housing bubble, there are still those who are looking for advice about their underwater mortgages. The Arizona real estate legal team at Denton Peterson, P.C. has successfully negotiated significant discounts – up to 90% – on distressed loans. The trusted local, real estate attorneys in Phoenix at Denton Peterson, P.C. are ready to discuss with you all the legal consequences of foreclosures and short sales in an effort to help you make the best decision for you and your family.

Real State Agent Agent Lawyers

Real Estate Agent Lawyers

REPRESENTING MESA ARIZONA REAL ESTATE AGENTS

In the past, the experienced AZ property attorneys at Denton Peterson, P.C. have worked with Real Estate Agents on a number of issues unique to Real Estate Agents and Realtors. If you are concerned about your potential liability in a particular transaction you facilitated, or if your commission is being wrongfully withheld by your real estate broker, the professional Arizona real estate agent attorneys at Denton Peterson, P.C. have the experience to help you preserve your good reputation and protect your rights.

Schedule your real estate case consultation today for the best real estate legal help in the state of Arizona. The attorneys at Denton Peterson, P.C. have more than 60 years of experience providing real estate agents, Realtors, and real estate brokers with five star legal representation.

Home Lender Lawyers & Mortgage Attorneys

Home Lender Lawyers & Mortgage Attorneys

REPRESENTING MESA ARIZONA LENDERS

In addition to representing borrowers, we also represented many lenders of delinquent mortgages. In these cases, we are prepared to manage all aspects of the foreclosure and subsequent trustee sale. We are very familiar with both judicial and nonjudicial Arizona foreclosure law, and we pride ourselves on making the process as easy and comfortable for you as possible.

When you’re in need of expert legal representation, contact the top rated mortgage lender attorneys and home loan lawyers in Arizona at Denton Peterson, P.C. today to schedule your case consultation. Call our real estate law office in Gilbert at 480-325-9900 or our Scottsdale real estate law firm at 480-325-9919 now to speak with one of our AV Preeminent home lending property attorneys or paralegals.

Lawyer To Enforce A Canadian Judgment In Arizona

Trusted Canadian Judgment Law Firm In Arizona

Consult with one of our five-star Tempe business lawyers at Denton Peterson for assistance with Canadian judgment laws in Arizona. Our top-rated professionals have extensive knowledge regarding the complexities of this process, and can be trusted to obtain optimal results in your pursuit of full recovery. Call our litigation lawyers in Scottsdale to find out how we can help you.

Contact An Arizona TRO Lawyer Today

Schedule Your Business Law Consultation
480-325-9919
Send Message
Request Quote
Contact Us

Best Way To Reply

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.