Chapter 49A. (New
Money Claims and
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."