US Civil Judgements valid in Ireland?

fional

A rather general question, as I'm not sure where to look - but is there an agreement between the US and Ireland regarding civil judgments?

For example, if a person was sewer services in the US for debt which may or may not be valid, which then resulted in a defaulted judgment - could that be enforced in Ireland and upon Irish assets?

I understand that the sewer service itself could be challenged, but I'm curious if there's an actual agreement or common precedence for validating civil judgments?

Thanks

dermot_sheehan

Foreign Judgments for monetary amounts can be enforced as a debt in Ireland. The Judgment creditor issues summary proceedings similar to if money was owed on foot of a contract.

fional

gabhain7 wrote: »

Foreign Judgments for monetary amounts can be enforced as a debt in Ireland. The Judgment creditor issues summary proceedings similar to if money was owed on foot of a contract.

Is this something that is commonly done? Where could I go to find examples of this happening where the judgment originated in the US?

http://www.accessmylibrary.com/article-1G1-168529819/enforcement-foreign-judgments-ireland.html
http://www.dilloneustace.ie/download/1/Enforcement%20of%20Foreign%20Judgments%20in%20Ireland.pdf

The Regulation and the Conventions do not apply to judgments originating from nonconvention countries such as the United States of America. There is no bilateral treaty or multilateral international convention in force between the United States of America and any other country on a reciprocal recognition and enforcement of judgments.

The High Court in Ireland may deem a foreign court to be competent in accordance with
rules of private international law, which are as follows :-
1. The defendant must have been present in the country in question at the time of the
institution of the foreign proceedings (i.e. at the time of service). Where the
defendant is a company, it will be viewed as present in a foreign country if it
conducts business from an address in that country.
2. The defendant must have submitted to the jurisdiction of the foreign proceedings.
Submission to the proceedings could mean that there had been a prior agreement to
the jurisdiction of the foreign proceedings or the defendant had participated in the foreign proceedings except where the defendant appeared only in order to contest the jurisdiction of the foreign court.

The Irish case of Rainford –v- Newell-Roberts IR (1962), clearly outlines the shortcomings of
the Irish competence criteria. In that case the Plaintiff sought to seek to enforce a judgment
in Ireland which had been given in default of the defendant’s appearance to proceedings in
England, the defendant having moved to Ireland subsequent to the date of the English
judgment. The Irish courts ruled that the English judgment could not be enforced in Ireland
as the English court was not of competent jurisdiction ie. the defendant had not been present
in England when served with proceedings and had therefore not submitted to the English
courts.

Would this not apply?

Thanks

Tom Young

Unlikely that you'd find that readily. I suggest the Madoff and Thema Judgments might be the most recent ones of note.

fional

Tom Young wrote: »

Unlikely that you'd find that readily. I suggest the Madoff and Thema Judgments might be the most recent ones of note.

) I was thinking of something smaller than the billions interwoven with a high-profile scam heh heh

Doing a report on FDCPA laws in the US and basically trying to do a tie-in with some varied foreclosure/repossession issues relating to Irish nationals that have run afoul with debt in the US and returned home to Ireland while still owing less than 150,000 USD.

Would those debtors still have reasonable access to lay lien or claim against assets within Ireland. While it is unlikely, given the costs, such 'minimal' debts would be pursued I'm trying to locate examples of where it has been at such similar scale. Realistically, I would think the process would resolve itself prior (such as dispute as to whether the debt is actually owed or through a process of discharge) though that is delving too specifically for what I'm trying to find.

Appreciate the comment though, thanks!

Our man in Havana

Would those debtors still have reasonable access to lay lien or claim against assets within Ireland.

You mean creditors I assume.

The answer would be no unless they obtained a judgement in the Irish courts.

Tom Young

Or have judgment recognised under one of the conventions.

fional

Bond-007 wrote: »

You mean creditors I assume.

The answer would be no unless they obtained a judgement in the Irish courts.

Yes and thank you much.

thomaspat

a legal program to deal with assuming debits no default---is called F.E.A.R over in that usa.

tractortom

If you are an Irish citizen and resident, and you signed an NDA which had jurisdiction of the State of New York, can the other party take a case against you if they believe you have breached it, if they are granted a judgement is that enforceable in Ireland?

dermot_sheehan

Foreign injunctions (non-EU ones in any case) are not enforceable.

Foreign judgments for damages can be enforced provided the foreign court properly exercised jurisdiction (pursuant to a choice of forum clause would be appropriate), afforded the defendant fair procedures and there are no public policy reasons why the foreign judgement should be recognised.