Domesticating a Foreign Country Judgment in New York

Globe of flags to represent domesticating a foreign country judgment Domesticating a foreign country judgment in New York is possible though the rules are different than domesticating a judgment entered in another U.S. state or territory. If you have a judgment entered in another U.S. state or territory, the methods for entering the judgment in New York are clear according to the civil rules. If the judgment was entered “on the merits” with an appearance by the defendant in the state or territory where the original case was brought, then the judgment can be docketed in New York with a notice to the judgment debtor that the judgment has been docketed in the state. This is in accordance with the U.S. Constitution that judgments from U.S. territories should be afforded full faith and credit in other U.S. territories.

If, however, the judgment was entered on default without an appearance from the defendant, in order to obtain a judgment in New York, the plaintiff must file a summons and complaint on the judgment and serve the defendant by the process server. New York courts want to ensure the defendant was both afforded due process in the original action and that the original court had jurisdiction over the defendant.

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FFGN President Jocelyn Nager Featured in ABA Journal

Image of a gavel to represent domesticating a foreign judgment in New YorkJocelyn Nager, president of Frank, Frank, Goldstein & Nager, was recently interviewed by the American Bar Association’s national magazine about the ongoing impact of the COVID-19 pandemic.

The pandemic has seen businesses shutter and the economy suffer, leaving the businesses that remain struggling to survive and facing “sometimes-ruinous consequences” from downstream debt. The knock-on effect from not being able to collect has seen some that “have become debtors themselves in many instances,” according to the ABA Journal.

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Testifying at a Debt Collection Trial During the COVID-19 Pandemic

Illustration of a video call to representing testifying debt collection.The COVID-19 pandemic has changed the ways clients can testify at trial in New York courts. If you are planning on testifying at a debt collection trial, here’s what to expect.

Access

If you are worried about the hassle of traveling to and from court, don’t be. All debt collection trials are now conducted remotely. For now, you don’t have to worry about appearing in person. If however, you requested a jury trial, your case will not go forward at this time. All jury trials have been postponed until further notice.

Scheduling

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