Uniform Foreign-Country Money Judgments Recognition Act Effective in Texas

Uniform Foreign-Country Money Judgments Recognition Act Effective in Texas.

kbhall17 / Pixabay

The 85th Texas Legislature adopted the Uniform Foreign-Country Money Judgments Recognition Act (UFCMJRA),[1] intending to “ensur[e] that Texans enjoy due process protection when defending against foreign country judgments in Texas courts.”[2] Senate Bill 944 enacted the UFCMJRA by enacting Civil Practice & Remedies Code (CPRC) chapter 36A and repealing CPRC chapter 36.[3]

The Uniform Law Commission explains that the UFCMJRA, drafted in 2005, revises and improves its predecessor, the Uniform Foreign Money Judgments Recognition Act of 1962,[4] which Texas had adopted. The Commission explains the UFCMJRA improvements as follows:

The revision is made timely by the continuing increase in international trade and the need for making each state a recognized forum for international business. Highlights of the Revised Act include:

  • provides simple court procedures for the enforcement of foreign-country money judgments;
  • corrects and clarifies gaps in the 1962 Act revealed in the case law over the last 40 years;
  • addresses burdens of proof for the first time, providing that a petitioner for recognition has the burden of proving a judgment is entitled to recognition under the standards of the Act, and that any respondent resisting recognition and enforcement has the burden of proof respecting denial of recognition;
  • revises the grounds for denying recognition of foreign-country money judgments;
  • establishes a statute of limitations for recognition actions;
  • updates and clarifies both the definitions and the scope section[.][5]

The UFCMJRA is already enacted in Alabama, Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Michigan, Minnesota, Montana, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Virginia, and Washington.[6]

CPRC chapter 36A went into effect on June 1, 2017.[7] O’Connor’s Texas CPRC Plus 2017-2018  includes the enacted chapter 36A, conveniently accompanied by the relevant uniform code comments produced by the NCCUSL.

Texas CPRC Plus 2017-2018 is now in stock—visit our online store to order your copy!

[1] Unif. Law Comm’n, Foreign-Country Money Judgments Recognition Act.

[2] Senate Cmte. on State Affairs, Bill Analysis, Tex. S.B. 944, 85th Leg., R.S. (2017).

[3] S.B. 944, §4, 85th Leg., R.S., eff. June 1, 2017.

[4] Unif. Law Comm’n, Foreign Money Judgments Recognition Act.

[5] Unif. Law Comm’n, Why States Should Adopt UFCMJRA.

[6] Unif. Law Comm’n, Legislative Fact Sheet – Foreign-Country Money Judgments Recognition Act.

[7] S.B. 944, §4, 85th Leg., R.S., eff. June 1, 2017.