Can a US judgement be enforced in Canada?

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Can a US judgement be enforced in Canada?

My daughter is living in CA and is moving back to her birthplace, Canada. She was paying $1450 per month for an apartment. She paid a deposit of $1300. She has to return to Canada prematurely and has to be out of the apartment by 01/11/11. The other tenants are moving in on -1/20. The landlord is not going to reimburse her deposit. He is also telling her that she has to pay $900 from the 1st to the 14th (of Jan). If she does not pay the $900 and he files a civil action against her in CA, can he collect the monies owning through the Canadian court system (i.e. have her wages garnisheed)?

Asked on November 28, 2010 under Bankruptcy Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A person who has been granted a valid US state court judgement, can enforce that judgement in Canada.  In recent years, legalities have been stream-lined for "domesticating" a foreign judgment.  This has resulted in an expedited and less expensive procedure.  However that having been said, for the general dollar amount that's in question, it is unlikely that her landlord will pursue the matter; while less expensive today there are still costs involved in enforcing a foreign judgement.  However, if he does so then any non-exempt assets are at risk.  Your daughter should consult with a Canadian attorney as to her specific rights in this matter. 


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