HB378 Alabama 2012 Session

Summary

Primary Sponsor

Bill Poole

Republican

Session

Regular Session 2012

Title

Alabama Foreign-Country Money Judgments Recognition Act, to provide a statutory method whereby Alabama courts legally recognize foreign judgments

Summary

HB378 would create a formal Alabama law to recognize and enforce money judgments from foreign countries, with defined procedures, standards, and a 5-year time limit for action.

What This Bill Does

It establishes the Alabama Uniform Foreign-Country Money Judgment Act to recognize foreign money judgments and make them enforceable in Alabama. It defines what counts as a foreign-country judgment and outlines when recognition is allowed or denied, including due process, jurisdiction, notice, fraud, and public policy considerations. If recognized, the foreign judgment is treated like an Alabama judgment for purposes of enforcement. It also sets how recognition actions are filed, provides for translations, and allows stays during appeals, with a 5-year deadline to bring an action.

Who It Affects

• Parties with foreign-country money judgments who want Alabama courts to recognize and enforce those judgments.
• Defendants in foreign-country judgments who may seek nonrecognition under the grounds listed or who are subject to enforcement if recognition is granted.

Key Provisions

• Section 2 defines 'foreign country' and 'foreign-country judgment'.
• Section 3 limits the act to money judgments that are final, conclusive, and enforceable, and excludes taxes, fines/penalties, and domestic-relations judgments.
• Section 4 lays out grounds for recognition and nonrecognition, including due process, personal and subject-matter jurisdiction, notice, fraud, public policy, conflicting judgments, agreements to resolve elsewhere, inconvenient forum, and integrity of the rendering court.
• Section 5 expands or clarifies bases of personal jurisdiction for recognition beyond the listed items.
• Section 6 describes how recognition claims can be brought (original action or as part of an existing action) and requires certified judgments and translations.
• Section 7 states that recognized judgments are conclusive and enforceable in Alabama like domestic judgments.
• Section 8 allows staying proceedings during appeals on the foreign judgment.
• Section 9 sets a 5-year deadline (or from the foreign judgment's finality) to commence recognition actions.
• Section 13 provides the act’s effective date (January 1, 2013) and notes it complements, not replaces, recognition by comity.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Alabama Foreign-Country Money Judgments Recognition Act