Difference between revisions of "Foreign Claims and Judgments"

Foreign Claims and Judgments (view source)

4 bytes removed , 04:36, 11 September 2018

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 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.
-Once a creditor has a judgment in the foreign jurisdiction, they may then take
+Once a creditor has a judgment in the foreign jurisdiction, they may then take enforcement steps in BC. The law says there are two main ways a creditor can begin enforcement:
-* enforcement steps
- in BC. The law says there are two main ways a creditor can begin enforcement:
 * by starting a new legal action using the foreign judgment as a cause of action
 * by registering the foreign judgment under provisions in the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act'']