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Difference between revisions of "Foreign Claims and Judgments"
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Foreign Claims and Judgments (view source)
Revision as of 00:07, 17 September 2018
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The law of foreign claims and judgments is complex. A claim or judgment may eventually be enforceable against the debtor in BC. Debts are not left behind if a debtor moves from Ontario to BC, for example. | The law of foreign claims and judgments is complex. A claim or judgment may eventually be enforceable against the debtor in BC. Debts are not left behind if a debtor moves from Ontario to BC, for example. | ||
If a debt was incurred in a foreign jurisdiction and the debtor is now in BC, the creditor usually has a choice of suing the debtor in the foreign jurisdiction or in BC. If the creditor sues on the debt in BC, the debtor can respond and consider appropriate BC court remedies in the usual way (see the section on the Court Process in Consumer and Debt Matters). | If a debt was incurred in a foreign jurisdiction and the debtor is now in BC, the creditor usually has a choice of suing the debtor in the foreign jurisdiction or in BC. If the creditor sues on the debt in BC, the debtor can respond and consider appropriate BC court remedies in the usual way (see the section on the [[Court Process in Consumer and Debt Matters]]). | ||
If the creditor sues on the debt in the foreign jurisdiction, the debtor faces the obvious disadvantage of trying to defend or resolve the matter in that jurisdiction. Creditors almost always first sue in the foreign jurisdiction (that is, foreign to the debtor) because it is usually more convenient for them. Just because the debtor does not live there does not mean that the courts there will not let the case go ahead. In general, as long as the creditor satisfies the court that the debt arose in that jurisdiction and that the debtor has been served with the necessary court paperwork for that jurisdiction, the court will give a judgment. | If the creditor sues on the debt in the foreign jurisdiction, the debtor faces the obvious disadvantage of trying to defend or resolve the matter in that jurisdiction. Creditors almost always first sue in the foreign jurisdiction (that is, foreign to the debtor) because it is usually more convenient for them. Just because the debtor does not live there does not mean that the courts there will not let the case go ahead. In general, as long as the creditor satisfies the court that the debt arose in that jurisdiction and that the debtor has been served with the necessary court paperwork for that jurisdiction, the court will give a judgment. | ||
