If she manages that and you don't make a timely response, a default judgment would enter against you for $ 300 and court costs which she would be hard pressed to
enforce against any assets you own.
A judgment can be directly
enforced against their assets there.
Not exact matches
Along with my colleagues, I help clients by assessing whether they can obtain a patent, searching patent and scientific databases, developing strategies for protecting intellectual property
assets, drafting patent applications, coordinating worldwide prosecution of the application, preparing licensing agreements, obtaining financing, commercializing the invention, and
enforcing its patents
against its competitors.
Specifically, if Mbank sued every unitholder to
enforce the future payments, won, and filed involuntary petitions for bankruptcy
against every single unitholder (after unsuccessfully attempting to levy the judgment
against their
assets) this would have been bad for the protagonist.
A risk of dissipation basically means that, if left unrestrained, a defendant is likely to either hide or transfer away his
assets so that the applicant can not
enforce a judgment
against those
assets.
MIC sought to
enforce this judgment debt
against Naftogaz's
assets in England by obtaining (i) a freezing order
against Naftogaz in relation to its shares in a UK oil company; (ii) a default judgment
against Naftogaz in the sum of such debt («English Default Judgment»); and (iii) a third party debt order requiring share dividends due to Naftogaz to be paid instead to MIC and also a charging order in favour of MIC in respect of such shares.
Acting for a US company in long running proceedings to
enforce a historic judgment
against the Republic of Iraq's UK and European
assets, involving sovereign immunity and sanctions;
Finally Chief Justice Hwang noted that «From the perspective of the DIFC Courts, it is not wrong to use the DIFC Courts as a conduit jurisdiction to
enforce a foreign judgment and then use the reciprocal mechanisms to execute
against assets in another jurisdiction.»
The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist
assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to
enforce arbitration awards
against assets of State entities in the UK (Civil immunity cases).
«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and
enforce a foreign judgment
against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses
assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»
Unless the company either pays what it owes before the case (including your legal costs) or offers a convincing defence at trial, you will then have a judgment
against it, which you can
enforce against the company's
assets or bank account.
If your client is the claimant in a cross-border dispute, how easy will it be to
enforce a judgment / award
against the defendant and
against what
assets?
For the most part, however, because
enforcing debts
against state governments is so difficult, transactions are structured as much as possible to prevent the need to
enforce debts in that way through (1) legal limitations on governmental liability, (2) legislative budget rules requiring interest on debt and currently due principal payments to be made first, (3) third - party bonding of state and local governmental construction projects, (4) the creation of publicly owned corporations whose debts can only be collected out of the corporation's
assets and revenues, and (5) avoidance of trade credit obligations by paying bills in cash.
The way now appears to be open to use the DIFC Court as a conduit court to
enforce foreign court money judgments
against assets in Dubai or elsewhere in the UAE.
Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust
Assets and Forced Labor litigations, representation of a major US petroleum company in defending
against efforts to
enforce purported foreign judgments in the United States and testimony as an expert witness in a number of proceedings in Swedish, English, US, Japanese and other courts.
Using the same provision, Cruz City 1 Mauritius Holdings («Cruz City»)(represented by White & Case) recently obtained an order requiring the losing parties in an arbitration to disclose their
assets worldwide, to assist Cruz City in
enforcing against these parties arbitral awards of US$ 298 million.
The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International Investment Agreements («IIAs»), in particular, Bilateral Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain arbitration awards which may be
enforced against state
assets.
For example, a judgment in rem
against an
asset outside of England and Wales can not be
enforced for the reason that the
assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicata).
Furthermore, even if a judgment creditor is able to
enforce a judgment
against the State, there are restrictions on the type of
assets available for enforcement.
Generally speaking, once a foreign judgment is recognised and
enforced, the creditor may request a seizure order
against all the
assets of the debtor and the court will hold auctions to sell those
assets to satisfy the debtor's rights in relation to monetary compensation.
Accordingly, if and when an award is rendered by the arbitral tribunal in the investor's favour, it may be
enforced against host state
assets granting the investor claimant excellent prospects of making a recovery.
First, you need to know the physical identity of the payee — to serve them with the lawsuit and to
enforce any judgment
against their physical
assets.
Their obvious purpose is to preserve
assets so that there is something
against which a final order can be
enforced.
If this step had been taken this would almost certainly have prevented the transfers to the wives and children, and secured
assets against which to
enforce the judgment eventually obtained.
Although a world - wide injunction
against enforcement of the judgment issued by the same US court was struck down, it seems likely that the Ontario court will take into account the US court holding in deciding whether to
enforce the judgment
against the
assets of Chevron Canada (see para 77).
Representing CIS clients in obtaining twelve overseas arbitration awards, and then
enforcing those awards under the New York Convention
against bank accounts /
assets in various countries, including the appointment of English liquidators and BVI Receivers.
Enforced hospital policy and procedure used to protect
assets, employees, patients, and visitors
against known and potential risks.
Faced with missing child support payments, custodial parents have two enforcement tools: one, the administrative enforcement by way of the child support agency, and two, filing a court action to
enforce compliance The administrative action does not require a court appearance, and it includes interceptions of tax refunds, unemployment or wages, suspension of the noncustodial parent's drivers license and filing a lien
against his or her
assets.
The Office of Foreign
Assets Control (OFAC) of the U.S. Department of the Treasury administers and
enforces economic and trade sanctions based on U.S. foreign policy and national security goals
against targeted foreign countries and individuals.