SENATE JUDICIARY COMMITTEE

 

STATEMENT TO

 

SENATE, No. 1579

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: JANUARY 14, 1997

 

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 1579.

      This bill, entitled the “Foreign Money-Judgments Recognition Act,” prescribes a uniform procedure for the enforcement of foreign (other country) money-judgments. It provides that a money-judgment satisfying the bill’s requirements will be enforceable in the same manner as the judgment of a court of a sister state which is entitled to full faith and credit. The bill provides that judgments rendered under a legal system without impartial tribunals or procedures compatible with the requirements of the process of law shall neither be recognized nor enforced.

      By definition, the bill excludes judgments for taxes or for support in matrimonial or family matters as enforcement of these judgments are normally covered by treaty or convention. Judgment involving fines or other penalties are also excluded based on the established principle observed by United States courts that a country will not enforce foreign penal judgments.

      The committee amendments would change the title of the bill from “Uniform Foreign Money-Judgments Recognition Act” to “ Foreign Country Money-Judgments Recognition Act”, in order to clarify that the bill concerns other countries and not sister states.