Title 2A.

Chapter 49A. (New

Title) Foreign

Money Claims and

Judgments.

§§1-9

C.2A:49A-16 to

2A:49A-24

P.L. 1997, CHAPTER 96, approved May 8, 1997

Assembly, No. 2221 (First Reprint)

An Act concerning foreign ¹country¹ money-judgments and supplementing Title 2A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. This act shall be known and may be cited as the "¹[Uniform]¹ Foreign ¹Country¹ Money-Judgments Recognition Act."

    2. As used in this act:

    "Foreign state" means any governmental unit other than the United States, or any state, district, commonwealth, territory or insular possession thereof ¹[, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands]¹;

    "Foreign ¹country¹ money-judgment" means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters.

    3. This act applies to any foreign ¹country¹ money-judgment that is final and conclusive and enforceable where rendered even though an appeal from it is pending or it is subject to appeal.

    4. Except as provided in section 5 of this act, a foreign ¹country¹ money-judgment meeting the requirements of section 3 of this act is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign ¹country¹ money-judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.

    5. a. A foreign ¹country¹ money-judgment is not conclusive if:

    (1) the ¹ [judgement] judgment¹ was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

    (2) the foreign ¹country¹ court did not have personal jurisdiction over the ¹[defendant] judgment debtor¹; or

    (3) the foreign ¹country¹ court did not have jurisdiction over the subject matter.

    b. A foreign ¹country¹ money-judgment need not be recognized if:

    (1) the ¹[defendant] judgment debtor¹ in the proceedings in the foreign ¹country¹ court did not receive notice of the proceedings in sufficient time to enable ¹[him]the judgment debtor¹ to defend;

    (2) the judgment was obtained by fraud;

    (3) the cause of action on which the ¹foreign¹ judgment is based is ¹[repugnant] contrary¹ to the public policy of this State;

    (4) the judgment conflicts with ¹[another] a prior¹ final and conclusive judgment;

    (5) the ¹[proceeding] proceedings¹ in the foreign ¹country¹ court ¹[was] were¹ contrary to an agreement between the parties under which the dispute in question was to be settled, other than by proceedings in that court; or

    (6) in the case of jurisdiction based only on personal service, the foreign ¹country¹ court was a seriously inconvenient forum for the trial of the action.

    6. a. The foreign ¹country¹ money-judgment shall not be refused recognition for lack of personal jurisdiction if:

    (1) the ¹[defendant] judgment debtor¹ was served personally in the foreign state;

    (2) the ¹[defendant ] judgment debtor¹ 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 ¹[him]the judgment debtor¹;

    (3) ¹[prior to the commencement of the proceedings, the defendant] the judgment debtor prior to the commencement of the proceedings¹ had agreed ¹expressly in writing¹ to submit to the jurisdiction of the foreign ¹country¹ court with respect to the subject matter involved;

    (4) the ¹[defendant] judgment debtor¹ was domiciled in the foreign state when the proceedings were instituted, or being a body corporate, had its principal place of business ¹[, was incorporated, ]¹ or had otherwise acquired corporate status¹[,]¹ in the foreign state;

    (5) the ¹[defendant] judgment debtor¹ had a business office in the foreign state and the proceedings in the foreign ¹country¹ court involved a cause of action arising out of business done by the ¹[defendant] judgment debtor¹ through that office in the foreign state; or

    (6) the ¹[defendant] judgment debtor¹ operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of that operation.

    b. The courts of this State may recognize other bases of ¹personal¹ jurisdiction.

    7. If the ¹[defendant] judgment debtor¹ satisfies the court¹[ either]¹ that an appeal ¹from the foreign country money- judgment¹ is pending or that ¹[he] the judgment debtor¹ is entitled and intends to appeal from the foreign ¹country¹ money-judgment, ¹or that a stay of execution has been granted,¹ the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the ¹[defendant] judgment debtor¹ to prosecute the appeal.

    8. This act does not prevent the recognition of a foreign ¹country¹ money-judgment in situations not covered by this act.

    9. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

    10. This act shall take effect immediately.

Enacts the "Foreign Country Money-Judgments Recognition Act."