Sentences with phrase «not enforce his judgment»

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.
Your creditor can not enforce your judgment in the High Court if the debt is covered by the Consumer Credit Act 1974.
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.
Jonathan Harris: Certainly historically, parties tended to consider that it was a reputable, independent system, expedient, and liked to be able to brandish their English judgment and say, «I've been vindicated in a reputable court of law» — even if they couldn't enforce that judgment overseas.
Bayer's strongest argument in the Supreme Court's eyes was the policy argument that if federal courts do not enforce their judgments denying certification, serial relitigation of class certification will result, and defendants will be forced to settle class actions.
It is clear that a Korean court will not enforce a judgment of a foreign court concerning a dispute that is subject to the exclusive jurisdiction of Korea or a third country.
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.
Meanwhile, X purchased a property but the plaintiff did not enforce his judgment against the property.

Not exact matches

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The Sheriff's Family Court Warrant Enforcement Unit does not seize money or property or enforce judgments or garnishee payments.
I was under the impression that second mortgages were just being wiped out these days, and that deficiency judgments weren't easily enforced.
Creditors use judgments (a court's determination that you owe a debt) to enforce past - due debts, but if you don't own much, a judgment won't help a creditor, since they can only come after non-exempt assets.
Second, they are not going to be able to force any payment from you until after: a) they win the lawsuit (get a judgment), AND b) enforce the judgment.
Kansas law provides for the assessment and collection of judgment interest at 8 percent per annum, however the IV - D program does not calculate or enforce judgment interest.
Penalty Charge Notices that are enforced through the County Court are not recorded on your credit report, or on the Register of Judgments, Orders and Fines.
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.
Although lenders must start court action in the County Court, if the debt is not a consumer credit agreement then the lender can try to enforce the judgment in the High Court.
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Although it may not be enforced, a dormant judgment can exist up to 20 years after the original judgment's date of entry.
3 Essentially, a judgement becomes dormant if not enforced or revived within 7 years of its entry, and may be revived at a variety of times within a 20 - year period from the entry of the original judgment.
There is no point litigating in order to get a judgment that you can not enforce because your opponent has no money.
I have already referred to the fact that a jury trial was not an option in any case; and there will be no need to enforce the judgment outside of the province.
Effectively, if the original judgment is not enforced or revived within 7 years of its entry, the judgment becomes and may remain dormant for an additional 13 years.
The previous restrictive reading of the BVI CPR had led to the situation that foreign judgments obtained in all but a small number of countries could not be enforced in the BVI because there was no «gateway» to provide for service out of the jurisdiction.
If a judgment is not enforced within the statutory 7 - year limit, instead of being extinguished, the judgment becomes «dormant.»
This could be on the basis that they have reasonable prospects of obtaining a default judgment which they can then enforce more often than not.
A recent unreported decision (ENRC NV v Zamin Ferrous Limited [2015] JRC 217) has demonstrated the Jersey Royal Court's willingness to make disclosure orders not only to police post-judgment freezing orders but also to ensure that judgment creditors have all the information they need to enforce their judgments worldwide.
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.
The written law setting out a three - year time period to bring an action to enforce spousal support payments is found at A.R.S. § 25 - 553A: The person to whom the spousal maintenance obligation is owed may file a request for judgment for spousal maintenance arrearages not later than three years after the date the spousal maintenance order terminates.
In the end the Court ordered the Chinese judgment to be enforced with the condition that any figure for interest being enforced could not exceed the maximum interest rate allowed by law in Canada.
In principle, the enforcing court should not look beyond the judgment to the merits of the case.
Its main, if not only, controversial feature is that it does not allow the enforcing court to review the jurisdiction of the court giving the judgment.
If the defendant did not have proper notice of the original action, then the UECJA will not automatically enforce a judgment from that action.
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 Courts in Ontario may in the required circumstances recognize and enforce Georgia equitable orders such as injunctions (not just money judgments).
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.
But if we don't do a deal they won't carry on enforcing our judgments.
«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 overturned the motion judge's discretionary stay of proceedings, stating «the court should grant its assistance in enforcing an outstanding judgment, not raise barriers.»
Likewise, they will not know whether any judgments they obtain are likely to be enforced by the home court of the other party.
The common law rules will not prevent parallel proceedings being issued in another country and will not result in a judgment which will necessarily be recognised let alone enforced in another country.
The Courts in Ontario may in the required circumstances recognize and enforce U.S. equitable orders such as injunctions (not just money judgments).
Arnette notes that U.S. courts are moving to impose stricter limits on punitive damages, while some countries like Spain, Canada and Australia are not hostile to the notion of punitive damages, and have enforced American judgments for punitives in their courts.
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.
Judgment creditor plaintiffs generally do not throw good money after bad by going around seeking to enforce their foreign judgments in jurisdictions in which their judgment debtors do not have assets.
I think the decision is right, in that the grounds for taking jurisdiction to enforce a foreign judgment do not require the same connection with the requested court (ours) as would taking jurisdiction over the lawsuit itself.
The Defendant applied for a stay of Midtown's application and a declaration that the DIFC Courts did not have jurisdiction to enforce judgments of foreign courts.
The Courts in Ontario may in the required circumstances recognize and enforce Missouri equitable orders such as injunctions (not just money judgments).
The Courts in Ontario may in the required circumstances recognize and enforce Washington equitable orders such as injunctions (not just money judgments).
The Courts in Ontario may in the required circumstances recognize and enforce Ohio equitable orders such as injunctions (not just money judgments).
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