Are US judgments enforced in other countries?
Asked by: Dr. Coleman Stehr | Last update: August 4, 2025Score: 4.5/5 (3 votes)
Generally, US judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country. The recognition and enforcement of US judgments depends not only on the domestic law of the foreign country, but also on the principles of comity, reciprocity and res judicata.
Do US courts have jurisdiction in foreign countries?
U.S. courts also have little trouble exercising jurisdiction over foreign entities with a minimal nexus to the U.S. when the federal law giving rise to the claim specifically establishes personal jurisdiction over the defendant upon receipt of proper service of process (for a discussion of “service” issues, see below).
Does China enforce US judgments?
The current CPL (amended in 2023) provides that a Chinese court can enforce a foreign judgment pursuant to: (1) the international convention or bilateral treaty (which is not applicable to the US judgments as there is no such convention or treaty); or (2) the principle of reciprocity.
Can a US judgement be enforced in the UK?
When enforcing US judgements in the UK, it must be done under English common law due to there being no reciprocal enforcement agreement between the two countries. Whether it's a financial debt, or other US judgement, a new action must be brought to the English court as a simple contractual 'debt'.
Can a US judgement be enforced in Mexico?
To enforce a foreign judgment in Mexico, several regulations must be complied with. The most important of which is the Federal Constitution, which grants constitutional status to international treaties that Mexico has ratified and are in force, according to its Article 133.
Who Enforces US Judgments Abroad - No Country
Can a Judgement follow me to another country?
No, it's not likely that a judgment will follow you to China, Europe or anyplace else your travels may take you. For creditors in the U.S., it's usually not worth it to try to find average debtors and then work with the legal system of another country to collect what they owe.
Does Mexico enforce US child support?
Generally, yes. The US and Mexico cooperate when it comes to child support orders, all your child's mother needs to do is gather some basic information about you and file with her local child support enforcement agency.
Are US judgments enforceable in India?
Similarly, foreign judgments from courts of non-reciprocating territories are not directly enforceable in India and require the filing of a fresh civil suit in India, where the foreign judgment will carry evidentiary weight to be assessed according to the Indian Evidence Act, 1872.
Can US debt collectors collect in the UK?
Enforcement in England
Due to the absence of a reciprocal enforcement agreement, a US judgment can only be enforced in England at common law by bringing a new action under which the judgment is seen as a simple contractual debt. New proceedings are therefore issued in the English court for payment of the 'debt'.
Can foreign judgment be enforced in Australia?
The Common Law Test
(a) The foreign court must have exercised a jurisdiction that Australian courts recognise; (b) The foreign judgment must be final and conclusive; (c) There must be an identity of parties; and (d) The foreign judgment must be for a debt or a definite sum of money.
What would happen if China sold all U.S. debt?
If China (or any other nation that has a trade surplus with the U.S.) stops buying U.S. Treasuries or even starts dumping its U.S. forex reserves, its trade surplus would become a trade deficit—something which no export-oriented economy would want, as they would be worse off as a result.
Does the US recognize foreign judgments?
Yes. Foreign judgments are routinely recognized in the United States through statutes enacted in each state. The defenses to recognition are limited in these proceedings. This principle originated with the Supreme Court's 1895 decision in Hilton v.
Why is there no judicial review in China?
China adheres to the principle of "independent trial" instead of "judicial independence." It is deemed in China that Courts without supervision could abuse their powers, so their work should be supervised within the scope of the independent trial. Thus, the powers of the judiciary are limited.
What country does the U.S. have no jurisdiction?
The United States does not have an extradition treaty with China, Indonesia, Iran, Kazakhstan, Mongolia, Russia, Taiwan, Ukraine, Vietnam, the GCC states, most African states, and most former Soviet states, among others.
Can the U.S. prosecute a crime committed in another country?
You can be prosecuted in the United States for some acts committed overseas. You can be prosecuted even if the acts are legal where they happened. The PROTECT Act was passed in 2003.
Do US courts have to follow international law?
In the United States, neither state constitutions nor the federal Constitution, nor state or federal legislation, have expressly incorporated international law; from our beginnings, how- ever, following the English tradition, courts have treated international law as incorporated and applied it as domestic law.
Can US debt collectors follow you to another country?
Your credit report and credit score don't follow you when you move to another country. But it is important to know that some debts you owe will remain active. Lenders may find it harder to pursue legal action against you when you are in a different country.
Can debt be enforced internationally?
As nice as it might be if it were the case, moving to another country is not a viable way to get out of paying your debt. Leaving the U.S. doesn't change your legal responsibilities back home, and missing payments can have more drastic consequences if you ignore collection efforts.
Can I be chased for debt in another country?
Can the people I owe chase me for debts in another country? People you owe in other countries can take action to collect a debt, including: Using a debt collection agency in the country you live in. Starting court action in the country you live in.
Can a US court apply foreign law?
Foreign law is routinely used in American courts, not just in esoteric contexts like the one in Justice Scalia's Schriro opinion, but in routine matters applying existing American legal rules related to family law, contract law, tort law, evidence law, and the like.
Does India have scope of judicial review vs USA?
The scope of Judicial Review in India is narrower than that in the USA. This is because the American Constitution provides for 'Due Process of Law', whereas the Indian Constitution provides for 'Procedure Established by Law'.
Is the USA a reciprocating territory?
A foreign decree can be enforced in India as if, the foreign decree had been passed by an Indian Court, however such foreign decree should have been passed by a superior court of any reciprocating territory. The U.S. is not a reciprocating territory for the purpose of execution of foreign decrees in India.
Does Canada enforce US child support?
Under ISO, provinces and territories are able to register and enforce a support order from other Canadian provinces and territories and from foreign reciprocating states such as the U.S. ISO also provides a forms-based application process to establish or modify support when the parties reside in different jurisdictions ...
Can my ex take my child to Mexico?
The idea is that custody should be decided by courts in the country of the child's habitual residence. Unfortunately, Mexico has a history of not complying with The Hague Abduction Convention. If you fear that your child will be taken to Mexico or any other foreign country, you do have legal recourse as a parent.
Who pays more child support in America?
The most common amount of child support due to custodial mothers is $4,800 annually, of which $2,500 is typically received (52 percent). For custodial fathers, median annual child support is less — it's $4,160 — and fathers receive 40 percent of the amount they're due.