Foreign Judgments in Mexico and the United States
Dale Beck Furnish
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Arizona Journal of International & Comparative Law, Vol.1, pp.173-200, 1986
There is no effective way to enforce a foreign judgment from Mexico in Arizona, nor vice versa. In practical effect, the judgment debtor whose assets are across the border will not have to pay the judgment unless it is a very large one or unless neither time nor money are limitations on the judgment plaintiff. Curiously, the laws of both Mexico and Arizona supposedly expedite enforcement and would welcome the judgment from a foreign country, but the laws do not achieve their stated purpose. This article pursues the question of what concrete steps to aid enforcement of judgments might be taken in the neighboring states of Arizona and Sonora, or in other Mexican and U.S. states which share intensive transborder exchange. It proposes a call for state legislation, and a model statute, or, in the alternative, supreme court rules, which will serve the stated philosophy of both jurisdictions in favor of enforcing valid judgments from the other.
Number of Pages in PDF File: 28
Keywords: Transborder Disputes, Enforcing Foreign Judgments, Mexico-Arizona RelationshipAccepted Paper Series
Date posted: June 30, 2009
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