Can a deficiency judgment be enforced against legal residentsof another country?
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Can a deficiency judgment be enforced against legal residentsof another country?
I no longer live out of the US, but still have a house in VA. When we left VA we rented the property in the hope that house values would rise again. Due to the property “crash”, the value is now less than the mortgage. We may be forced to let the bank foreclose, as it will cost a considerable amount of money to sell. However, we are now worried about a deficiency judgement being made if the property is foreclosed. Could out pay still be garnished even if we now live out-of-the country?
Asked on March 3, 2011 under Bankruptcy Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
While the law varies from country-to-country, the general rule is that yes a judgment can be enforced against residents of another nation. A foreign creditor can force payment. In this case, what your creditor will need to do is to first obtain a valid judgment in the US (in the appropriate state) and then "domesticate" it (i.e. have it turned into a valid judgment) in the country in question. Also, they could potentially bring suit in the other country (if proper jurisdiction can be established). At that point, they will be entitled to the legal remedies allowed in your country of legal residence (garnishment possibly among them).
However depending on the amount of the debt owed, while a creditor may threaten to bring legal action against you, the fact is that enforcing a foreign judgment costs money and it may well not be worth it for them to to pursue the claim.
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