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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have won a case in the UK how would I enforce it in the US

Customer Question

I am a property owner in the UK who has just won a case against a family member regarding the wrongful sale of a property of mine.


A judge in the UK has passed a judgement in a my favour stating that the family member should pay me a certain sum amount. However the family member who I have won against lives in America.


How would I be able to enforce the judgement in America against them and gain the judgement money? Please advise me as to what steps I should take?

Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

What is the value of the judgment and when was it issued please?
Customer: replied 3 years ago.

Hi Alex, the judgement was made in August for around £500000

Expert:  Alice H replied 3 years ago.
Thanks for the additional information. Usually the enforcement of UK judgments abroad is governed by EU Regulation if enforcing in the European Union or by treaty or reciprocal agreements if outside Europe.

Unfortunately there is no reciprocal agreement with the USA. UK judgments are, therefore, unenforceable automatically and you will have to start new legal proceedings to obtain a judgment in the USA. If granted you can then enforce that judgment locally.

I understand the procedure can vary from state to state so you will need an instruct a local lawyer to deal with the proceedings for you. As part of the proceedings you can rely on the UK judgment as evidence that the matter was found in your favour; but that is not conclusive evidence that you are in the right - the defendant could still defend the action.

I hope this helps.

Customer: replied 3 years ago.

Yes I've been advised this previously however in terms of evidence and court proceedings as its already been carried out, should it not be a straight forward matter?

The state in which the family lives in is Tennessee, can you give me direction as to where to begin in finding a lawyer there? As I live in the UK how will I know the lawyer will be good. etc?

Expert:  Alice H replied 3 years ago.
Evidentially it should be straightforward to present your case. But the defendant has a right to defend the proceedings so, unfortunately, nobody can say what your chancws of success are. But as I understand the position you can pray in aid the UK judgment - the fact that a judicial finding has been made by a competent court in the UK will assist you. Sadly I cannot direct you to a law firm - my knowledge of firms in the US are not much better than you I'm afraid. But I have referred work to this firm in the past and they seem reliable: