Enforcing a US judgment in Spain
Understanding the Process
Enforcing a US court judgment in Spain can be a complex process, requiring a deep understanding of both US and Spanish legal systems.
While the principles of international comity generally support the enforcement of foreign judgments, there are specific procedures and requirements that must be followed.
The Execution Process
- Exequatur: The first step is to obtain an exequatur, a judicial declaration that allows the foreign judgment to be executed within Spanish territory. This involves presenting the original judgment or a certified copy to a Spanish court, typically the Commercial Court.
- Translation: The judgment must be translated into Spanish by a certified translator.
- Legalization: The judgment may also need to be legalized or authenticated, depending on the requirements of the Spanish court.
- Notice to the Defendant: The defendant must be notified of the enforcement proceedings.
- Execution: If the court grants the exequatur, the judgment can be executed through various means, such as attachment of assets or sale of property.
Challenges and Considerations
- Jurisdictional Issues: The Spanish court must determine whether it has jurisdiction over the defendant and the subject matter of the dispute.
- Public Policy: The judgment may be refused enforcement if it violates Spanish public policy or is deemed incompatible with Spanish law.
- Time Limitations: There are time limits within which the exequatur must be sought and the judgment executed.
How Our Team Can Help
Our team of experienced international dispute resolution lawyers can provide invaluable assistance throughout the process of enforcing a US court judgment in Spain.
We have a wealth of experience in enforcing foreign judgments in Spain and can:
- Assess the Feasibility of Enforcement: We will analyze the judgment and the circumstances of the case to determine the likelihood of successful enforcement.
- Prepare the Necessary Documents: Our lawyers will assist in preparing the necessary documents, including the application for exequatur and the translated and legalized judgment.
- Represent You in Court: We will represent you in court proceedings, ensuring that your rights are protected and that the judgment is enforced efficiently.
- Navigate Procedural Requirements: We will guide you through the complex procedural requirements of the Spanish legal system.
- Address Potential Challenges: We will anticipate and address potential challenges, such as jurisdictional issues and public policy concerns.
By working with our team, you can increase your chances of successfully enforcing your US court judgment in Spain and obtaining the relief you seek.
If you would like a confidential, no-obligation consultation contact us today on;
UK tel: +44 (0)203 137 1320
USA tel: +1 646 751 8496
Email: info@gbabogados.co.uk
One of our English speaking litigation lawyers will provide advice specific to your circumstances.
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Enforcing a foreign judgment in Spain
