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We Aggressively Work to Defeat Defenses to Foreign Judgment Domestication

We Aggressively Work to Defeat Defenses to Foreign Judgment Domestication

According to Section 23A the General Court of the Commonwealth of Massachusetts gives the judgment debtor or the defendant the right to challenge or dispute the domesticated foreign judgment, not from a sister state. By using this right, the defendant can delay Massachusetts judgment enforcement process thereby avoiding paying the money they owe to the judgment creditor.

Here it is important to understand that if a dispute occurs between the plaintiff (judgment creditor) and the defendant (judgment debtor); the domesticated foreign judgment will not be recognized or considered conclusive by the law. Dispute may occur when the judgment debtor raises defenses to foreign judgment domestication.

Let’s take a look at the defenses raised by the debtor that may result in a foreign judgment as not being conclusive or recognized:

Situation 1:   

foreign judgment will not be considered conclusive if:

  1. It is rendered under a system that doesn’t offer impartial tribunals and procedures that are compatible with the requirements of the due process of law.
  2. The out-of-state or the foreign court didn’t have personal jurisdiction over the defendant.
  3. The out-of-state court didn’t have jurisdiction on the subject matter.

Situation 2

A foreign judgment will not be recognized in situations where:

  1. The defendant (judgment debtor) in the proceeding of the out-of-state court didn’t receive notice of the proceeding in a timely manner so that they could defend it.
  2. The judgment was acquired by fraud.
  3. The cause of action on which the judgment is based is repugnant to the public policy of this state.
  4. The foreign judgment conflicts with another conclusive and final judgment.
  5. The proceeding in the court was contrary to the agreement between the two parties in the dispute.
  6. The foreign court was an inconvenient forum for the trial.

By law, a judgment debtor has so many ways to defend themselves. Though it is their legal right, they can manipulate them to delay the debt payment process.

Therefore, to ensure the enforcement of domesticated foreign judgments, it is important that your case is handled by an experienced Massachusetts bad debt collections lawyer who will work to defeat defenses to judgment skillfully and successfully. 

Our experienced creditor rights attorney has the unique and rare combination of experience, knowledge, and skills needed to aggressively work to defeat defenses to foreign judgment domestication and maximize debt recovery chances through efficient judgment enforcement. 

Give us the opportunity to represent your case in Massachusetts. At the Law Offices of Alan M. Cohen, LLC we’ll make sure that the defendant has no choice but to pay your debt back in a timely manner and without any delay.

We’ll use the best legal remedies to speed up the debt recovery process and defeat defenses to foreign judgment domestication that your debtor may use to avoid payments. For more information about how we defeat defenses or for legal representation, call (508) 620-6900 or email us at acohen@collections-law.com.

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