SB348 Alabama 2012 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

William “Bill” M. BeasleyCam WardArthur OrrGeorge M. “Marc” KeaheyPhillip W. WilliamsBryan TaylorJerry L. Fielding

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

The Alabama Uniform Foreign-Country Money Judgment Act creates a framework for recognizing and enforcing money judgments from foreign countries in Alabama courts.

What This Bill Does

It allows Alabama courts to recognize foreign-country money judgments that are final and enforceable, unless specific defenses apply. The act sets who bears burden of proof, outlines grounds for nonrecognition (such as due process problems, lack of jurisdiction or notice, fraud, public policy, or conflicts with existing judgments), and describes the procedures to obtain recognition. If recognized, the foreign judgment is treated like a domestic judgment for purposes of conclusive effect and enforcement, with rules on translations, timing, and potential stay of related proceedings.

Who It Affects

• Creditors seeking recognition of a foreign-country money judgment in Alabama courts and aiming to enforce it domestically.
• Defendants and other Alabama residents or businesses who may be subject to recognition and may challenge it using the act's nonrecognition grounds.

Key Provisions

• Defines foreign country and foreign-country judgment and limits the act to money judgments; excludes taxes, fines, penalties, and domestic-relations judgments.
• This act requires the party seeking recognition to prove the judgment falls within the act's scope.
• Courts must recognize applicable foreign-country judgments unless specific defenses apply, including lack of due process, lack of personal or subject-matter jurisdiction, or other listed conditions.
• Grounds for nonrecognition include insufficient notice, fraud, public policy conflict, conflicting judgments, agreements to resolve disputes elsewhere, seriously inconvenient forum, integrity concerns, or due process failures.
• Personal jurisdiction can be established by several bases, including service in the foreign country, voluntary appearance, agreement to submit, or foreign domicile/business ties; the list is nonexclusive.
• Recognition proceedings can be filed as an original action or raised in a pending case, with requirements to provide a certified judgment and an English translation if needed.
• If recognized, the foreign judgment is conclusive and enforceable in Alabama like a domestic judgment.
• Actions to recognize a foreign judgment may be stayed if an appeal is pending in the foreign court.
• The recognition action must be filed within the later of the foreign judgment’s effectiveness in its country or five years from its finality.
• The act emphasizes uniformity with other states and does not bar recognition under other principles of comity outside the act.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Alabama Foreign-Country Money Judgments Recognition Act