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TheLawLDN
TheLawLDN, Lawyer
Category: US Law
Satisfied Customers: 195
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A foreign judgment shall not be refused recognition for lack

Customer Question

A foreign judgment shall not be refused recognition for lack of personal jurisdiction if (1) the defendant was served personally in the foreign state; (2) the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him;
JA: Where is he? It matters because laws vary by location.
Customer: Atlanta, USA
JA: What steps has he taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 19 days ago.
Category: US Law
Customer: replied 19 days ago.
Can you explain in simple terms the above statement please?I am in USA
I had invested in UK and property was registered to my sister.
My sister debtors SOLD the property without notifying me.
I restricted registration to NEW buyers at land registry tribunal but unsuccessful.
Land registry costs to be paid.
This is UK land registry tribunal judgement.
I was trying to protect my property.Please explain if the above law has relevance and Can I use it?
https://www.buddyloans.com/guide-on-travelling-while-in-debt/can-creditors-chase-me-abroad
Expert:  Virtual-mod replied 19 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  TheLawLDN replied 18 days ago.

Hello, I'm an adviser with JA and I will try to help you.

Please note the following:

  1. Do not provide personal information/data here. Please note that, under UK General Data Protection Regulation (GDPR) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
  2. If you request a call, this can be either with me or with another expert that is available to pick your request.
  3. This service is intended for general information only, not advice, and does not include the examination of documents.
  4. JA does not provide legal representation and no client/lawyer relationship of any kind will be established.
  5. If you need (urgent) legal representation or advice, or answering your question requires the examination of documents and/or non-straightforward activity that falls outside the remit of this service, you should consider consulting a solicitor – and/or a barrister as the case may be – which you can look for at the following links:

https://solicitors.lawsociety.org.uk/

https://www.barcouncil.org.uk/find-a-barrister.html

Expert:  TheLawLDN replied 18 days ago.

Hello, I see that your query has been pending for a while.

Expert:  TheLawLDN replied 18 days ago.
Are you quoting from a judgment issued by a UK court?

Were you part of that judgment?

Customer: replied 18 days ago.
UK Land registry case has been unsuccessful so the costs associated are being pursued but I am in USA.
Expert:  TheLawLDN replied 18 days ago.

I asked you if you were a party to the UK court case?

Customer: replied 18 days ago.
I filed the case in land registry to restrict the registration to new owners
Expert:  TheLawLDN replied 18 days ago.

And the statements you have quoted in your message, are they in the judgment by the UK court?

Expert:  TheLawLDN replied 18 days ago.

You have quoted Section 5 of the UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (2005), bullets (1) and (2)

Expert:  TheLawLDN replied 18 days ago.

Hello?

Customer: replied 18 days ago.
No, I am researching and I am trying to understand the meaning of those 2 statements.I am doing research if other party can pursue me in USA. Hence, I reading the information
Customer: replied 18 days ago.
land registry just gave judgement that the property has to progress to register to NEW owners and costs have to be paid (by me)
Customer: replied 18 days ago.
I couldnt understand if the other party can pursue me in USA as per my solicitors they cannot but they could not tell that confirmedly. Hence, I started to research
Expert:  TheLawLDN replied 18 days ago.

This service is not meant for legal advice, and your case is certainly a complex one, even more considering that a judgment was issued by a UK court and your claim was unsuccessful.

That said, the principle you quoted is that a judgment issued in a foreign country shall not be refused recognition on the basis of lack of personal jurisdiction (i.e. when the courts of the other country would not have jurisdiction on the person) if the defendant was served personally in the foreign state whose court issued the judgment or the defendant voluntarily appeared in the proceedings for a reason other than protecting property seized or threatened with seizure in the proceedings or contesting the jurisdiction of the court over him.

Since you are in the USA, whether the UK court judgment may be enforced could depend on certain circumstances, but you were the one who started proceedings in the UK, so I would say that, on a general note, I can't see why the judgment could not be enforced against you.

That said, this is solicitors' business, not do-it-yourself.

If your solicitors cannot provide you with conclusive advice, I suggest that you find another solicitor, with expertise in this area of law.

I hope this information is helpful and I wish you the best.

Please do not hesitate to contact JA again if you need help and you may ask to speak with me directly if you wish.

Regards.

Customer: replied 18 days ago.
Thank you for your answer,I am not doing DIY because I wish to contact proper solicitors who can deal with it but I am not able to find correct solicitor firm who has this kind of expertise, hence started to understand by reading it myself before I approach solicitors to ask questions. It not easy to find correct solicitors who has dealt something similar experience. I have read firms who have dealt differently like China or other countries but didnt find correct references similar to my case. As a novice its not easy. Its like if I ask someone without physics background what is time and relativity, only some can answer. I am not trying to give back answers but trying to understand to find correct solicitors.
Expert:  TheLawLDN replied 18 days ago.

There are many law firms in the USA who have offices in multiple countries and practise also cross-border litigation.

Most big international law firms do that.

They can be expensive, but they certainly have the know-how.

Regards.

Customer: replied 18 days ago.
Thank you for your answer.No offence, Having firms internationally doesnt really mean they have the knowledge which I am looking including the solicitor firm I am using, they dont know. The firms are diversified but they dont have knowledge and I dont see a database where I see such cases etc.I wish If you can provide that help, give some references or atleast a pointer what I have to look at exactly.thank you
Customer: replied 18 days ago.
Also, let me know the above 2 points mentioned is exactly what my situation is, can you explain the statements in simple language if possible.
Expert:  TheLawLDN replied 17 days ago.

Hello.

I have already closed this conversation, but I will try to provide you with a quick feedback.

I may understand your frustration at the situation, but I cannot recommend any specific law firm, nor would I do it as a personal policy.

What I meant is that big law firms, having offices in many countries, normally deal also with international disputes, therefore it's more likely that lawyers from such firms have expertise in jurisdiction matters.

I am sure that, if you contact one of these top law firms, they could be able to help you, but, predictably, their services will be more expensive than those of an "average" lawyer, as good as the latter might be.

As for explaining the clause that you quoted, and after confirming that this service is not meant for legal advice, jurisdiction matters are complex legal matters, and certainly I cannot provide you with a legal opinion on Section 5 (1) and (2) of the UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (2005).

However, I can confirm that the principle stated by the provision in question is that a judgment issued in a foreign country shall not be refused recognition by the courts of another country on grounds of lack of personal jurisdiction (i.e. when the courts of this other country would not have jurisdiction on the person) if that person ("the defendant") was served (i.e. notified) personally in the foreign state whose court issued the judgment or that same person voluntarily appeared in the proceedings for a reason other than protecting property seized or threatened with seizure in the proceedings or contesting the jurisdiction of the court over him.

Basically, bullet 1 refers to the circumstances of the defendant when the plaintiff/claimant managed to serve the defendant personally abroad (which means that the defendant cannot say they were unaware of the foreign judgment, and the judgment cannot therefore be refused recognition on grounds of lack of personal jurisdiction), while bullet 2 means that, if the defendant voluntarily appeared in the proceedings, but not just for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him, then again the foreign judgment cannot be refused recognition on grounds of lack of personal jurisdiction.

Regards.