Sentences with phrase «enforcing a judgment against»

Even if Mexico could win the complaint, it can not enforce that judgment against any sovereign, especially the US, as so much of Mexico's export depends on the US.

She said while JCOPE is a «step in the right direction,» it also is problematic because JCOPE can only make recommendations to the Legislature, leaving it to senators and Assembly members to decide whether to enforce a judgment against a colleague.

This means that although you may be broke today, if you win the lottery tomorrow, your creditor can still enforce its judgment against your winnings.

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.

If a creditor wants the option to possibly enforce the judgments against land the debtor owns, the judgment must also be registered with the Lands Titles Registry.

The nondischargeability judgment allowed the client to enforce the judgment against the debtors that would have otherwise been discharged in the bankruptcy cases.

This is because the consensual nature of arbitration is often seen as key to its enforceability and, without consent, some jurisdictions will consider that a party has been «forced» to arbitrate and will therefore not enforce judgment against that party in that jurisdiction.

In light of this interpretation of the State Immunity Act 1978, enforcing judgments against a State which has not expressly waived immunity in relation to enforcement proceedings is made particularly difficult as there is little ammunition available to the judgment creditor seeking to defeat a sovereign immunity defence.

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.

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.

In the «trigger issue» litigation insurers now challenge the claimants» right to enforce a judgment against an insurer.

The Court of Appeal rejected those arguments and found in favour of Svenska being allowed to enforce its judgment against the state in England.

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).

The order arises out of a contempt motion brought in the course of the efforts of the appellants, Joseph and Pepi Greenberg, to enforce a judgment against the respondent, Steven Nowack.

Meanwhile, X purchased a property but the plaintiff did not enforce his judgment against the property.

The Broker recorded the final judgment against the property, filed a motion with the trial court seeking to enforce the judgment against the Buyer, and the Broker also filed a «Notice of Lis Pendens» («Notice»).

Not exact matches

So lenders file a statement of claim against a delinquent borrower, obtain a judgment, and then get an execution order to enforce the judgement to recover their losses.

You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.

I share the view expressed by objective and reasonable members of the public that because the government was the 1st defendant / respondent against whom the Supreme Court made declarations of unconstitutional conduct in paying the judgment debt to Alfred Agbesi Woyome, the government has been pretending for purely political reasons at each turn to take steps to enforce the judgment and orders of the court only to deliberately abort them.

Negative: Each Individual decision to reject health service against their personal judgment shall be enforced.

a) Disputes filed - 18 months b) Inquiries - 2 years c) Payment profile -5 years d) Information related to a consumers payment behavior such as slow payer, defaulted or absconded - 1 year e) Information relating to the action that a credit provider has taken against a consumer to enforce a debt such as handed over, legal action or write - off - 2 years f) Debt restructuring - Until a clearance certificate is given g) Civil court judgments - 5 years or until the court removes it h) Administration orders (orders to put a consumer under administration)- 10 years or until the court removes it i) Sequestrations (order given by the court where the consumer is insolvent)- 10 years or until the court removes it j) Liquidations (order given by the court where the consumer is insolvent)- no time limit k) Court order removing a liquidation or sequestrations after all the debt was paid - 5 years l) Other information (information not covered above)- 2 years Other Useful Topics Learn how to dispute information on your credit report in South Africa.

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.

If a judgment is obtained in an English Court against the Bank how is it enforced?

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.

If you need help or have questions about enforcing a judgment or if a judgment is being enforced against you and you plan to represent yourself, please visit us:

This ruling is not thermonuclear on its own, but in its aftermath, we will not only see a lot of wrangling over a judgment as a matter of law to overrule the jury and over injunctive relief but there will also be, even more importantly, a push by Apple to enforce many more design patents and utility (hardware and software) patents against Samsung.

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;

She is also experienced in handling real property and UCC foreclosures, defending clients against lender liability, sham guaranty, and unfair business practices and specializes in enforcing and collecting judgments at both the trial court and appellate court level.

In its judgment the court said the existence of the right of appeal given by the Child Support Act 1991 (CSA 1991), s 20 and the right to receive interest on arrears in prescribed circumstances given by s 41, when taken in conjunction with the right to seek judicial review of failures to collect or enforce arrears of maintenance, means CSA 1991 provides the parent with care with substantial protection against incompetence on the part of the CSA.

Playboy will strongly enforce its judgment and injunction against PlayBev / CirTran Beverage to stop Iehab Hawatmeh's companies from engaging in infringing and counterfeiting activities.

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.»

In August 2012, wife filed a petition to enforce the two judgments against Mr. Dougall alleging he had made no effort to pay the judgments issued against him.

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.

In May, he took on a case seeking to have a Canadian court enforce a $ 19 - billion Ecuadorian judgment against multinational oil giant Chevron Corp..

«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.»

As such, the Court of Appeal upheld the motion judge's holding that an Ontario court has the jurisdiction to enforce the Ecuadorian judgment against Chevron and Chevron Canada.

Liptak's article describes an Italian court that refused to enforce an Alabama judgment against an Italian company because the award included punitive damages — a concept offensive to Italian notions of justice.

To the extent that the government can use its coercive power to define elements of an offense, render a judgment against you (in civil court) and enforce it, as cpast observes, it is government action.

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?

But if you're also risking an x billion dollar judgment for cleanup which will be enforced in another jurisdiction against a related corporate vehicle..

-- The willingness to recognize and enforce an extra-provincial judgment rendered on the same jurisdictional basis is as an overarching principle that disciplines the exercise of jurisdiction against extra-provincial defendants.

If the court would not be prepared to recognize and enforce an extra-provincial judgment against an Ontario defendant rendered on the same jurisdictional basis, it should not assume jurisdiction against the extra-provincial defendant.

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.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

A judgment can be directly enforced against their assets there.

Fortune's Roger Parloff writes that Ecuadorian plaintiffs face an «uphill battle» this week in trying to get a Canadian court to enforce a controversial $ 9.5 billion judgment against Chevron....

Hugh Mercer QC appeared as counsel for the Ministry of Justice on the issue of whether the Supreme Court had jurisdiction to hear an appeal against a refusal to enforce a Romanian judgment under the Brussels II Revised Regulation.

Representation of an international manufacturer of shipping containers in action brought to enforce default judgment against allegedly related foreign corporations.