Cross-Border Enforcement Guideline - California, USA
2025-07-11
（ONE）With which jurisdictions does California have reciprocal arrangements for enforcement of civil and commercial judgments?
California does not have broad reciprocal arrangements with specific jurisdictions.
（TWO）If there is no reciprocal arrangement, is it still possible to enforce a foreign civil and commercial judgment in California?
Yes, a foreign judgment may still be enforced in California under the Uniform Foreign-Country Money Judgment Recognition Act ( “UFCMJRA”) or common law comity principles.
Under the UFCMJRA, California courts must recognize a foreign-country judgment for money damages that is final, conclusive, and enforceable where rendered, unless specific grounds for non-recognition apply. These grounds include lack of impartial tribunals or due process, lack of personal jurisdiction, fraud, repugnancy to public policy, and other procedural deficiencies.
（THREE）Is the New York Convention applicable to California?
Yes.
（FOUR）*What is the approximate time required to recognize and enforce a foreign civil and commercial judgment or to petition to confirm a foreign arbitration award and enforce if unopposed?
（1）For the recognition and enforcement of a foreign judgment if unopposed: first, a judgment creditor must file a new lawsuit in a California court to convert the foreign judgment into a locally enforceable judgment. Depending on the completeness of the foreign civil and commercial judgment materials and the court’s own case calendar, the process typically takes approximately 6 to 12 months if unopposed. After the California courts accept the foreign judgment as valid, the recognized foreign judgment is treated like a California judgment and can be enforced. The time required for enforcement depends on the debtor’s level of cooperation, the asset investigation process and the complexity of the enforcement process.
（2）For the petition to confirm a foreign arbitration award and enforce it if unopposed: first, a party that has obtained an arbitration award must file a petition in a U.S. District Court or a California Court with jurisdiction, seeking confirmation of the arbitration award. Depending on the completeness of the foreign arbitration materials and the court’s own case calendar, the process typically takes approximately 6 to 12 months if unopposed. After a court confirms the foreign arbitration award, the confirmed arbitration award becomes a California judgment and can be enforced. The time required for enforcement depends on the debtor’s level of cooperation, the asset investigation process and the complexity of the enforcement process.
（FIVE）*What is the approximate time required to recognize and enforce a foreign civil and commercial judgment or to petition to confirm and enforce a foreign arbitration award if opposed?
If oppositions are raised, the process to recognize a foreign judgment or a foreign arbitration award may take approximately 1 to 3 years, depending on the complexity of the issues raised. The time required for enforcement of the judgment will depend on the debtor’s level of cooperation, the asset investigation process and the complexity of the enforcement process.
（SIX）*What is the approximate cost of recognizing and enforcing a foreign civil and commercial judgment or the cost of petitioning to confirm and enforce a foreign arbitration award (including court fees and other disbursements) if unopposed?
If unopposed, the costs (including court fees and other expenses) are approximately between $50,000 and $100,000).
（SEVEN）*What is the approximate cost of recognizing and enforcing a foreign civil and commercial judgment or the cost of petitioning to confirm a foreign arbitration award(including court fees and other disbursements) if opposed?
If opposed, the costs (including court fees and other expenses) can range from $100,000 to $300,000, depending on the complexity of the case.
（八）Are there any unusual difficulties in enforcing a foreign civil and commercial judgment or in confirming and enforcing a foreign arbitration award?
For enforcing a foreign civil and commercial judgment, challenges include lack of reciprocity treaties, defenses under the UFCMJRA (e.g., unfair procedures or conflict with public policy), and difficulty locating assets. Mainland of China courts judgments (exclusive of Hong Kong, Macau and Taiwan) may face additional scrutiny due to concerns over judicial independence. The most common difficulty is that Mainland of China judgments or arbitral awards are often rendered in the absence of the defendant at the hearing. Defendants often raise the defense on the ground of improper service and lack of notice in Mainland of China.
Confirmation of a foreign arbitration award is generally easier than judgments due to the New York Convention, but challenges include due process violations or arbitrator bias claims. Similarly, challenges to the validity of service is the most frequently raised defense.
（NINE）Which types of foreign civil and commercial judgments can be recognized and enforced in California?
California enforces money judgments/orders (final, conclusive, and enforceable in the originating country). Non-monetary judgments/orders (e.g., injunctions) are typically excluded.
（TEN）What are the practices and channels for investigating the properties of the judgment debtor?
Asset searches involve public records (county recorders for real estate, DMV for vehicles), subpoenas to banks/employers, and private investigators. California allows post-judgment discovery (e.g., debtor exams - a legal process that allows a judgment creditor to question the judgment debtor under oath about their finances in order to locate assets that can be used to satisfy the judgment.) In addition, third-party investigation agencies may be able to obtain the information of the defendant’s bank accounts or other financial assets.
（ELEVEN）What is the framework and standard for attorneys’ fees for the enforcement of foreign civil and commercial judgments or foreign arbitration awards? Is contingency fee possible?
Fees are typically hourly or contingency-based. Contingency fees are permitted but must comply with California ethics rules.
（TWELVE）What is that limitation period for initiating an enforcement action for a foreign civil and commercial judgement or a foreign arbitration award in California?
An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 10 years from the date that the foreign-country judgment became effective in the foreign country（California Code of Civil Procedure §1721）.
The Statute of limitations for confirming a foreign commercial arbitral award in the United States is typically three years. A party to an arbitration covered by the New York Convention may, within three years of the award being issued, request a court with proper jurisdiction to confirm the award. (9 U.S. Code § 207).
（THIRTEEN）What papers will be needed for the enforcement of a foreign judgement or a foreign arbitration award in California?
Certified judgment/award, translation (if not in English), proof of finality, and evidence of service on the debtor.
（FOURTEEN）What is the general procedure and methods to enforce a foreign civil and commercial judgement or a foreign arbitration award in California?
In California, either the enforcement of a foreign civil or commercial judgment, once recognized by the court, or the enforcement of a foreign arbitration award once confirmed by the court, follows the same procedures as enforcing a domestic judgment. The primary methods include obtaining a writ of execution, which authorizes the seizure of the debtor’s bank accounts, personal property, or real estate through the sheriff or a registered process server. Another common method is wage garnishment, where a portion of the debtor’s earnings (typically up to 25% of disposable income) is withheld by their employer and paid directly to the creditor. For debtors with real property, a judgment lien can be recorded with the county recorder’s office, encumbering any real estate they own in California and preventing its sale without satisfying the debt.
Additionally, creditors may conduct a debtor’s examination, a court-ordered proceeding where the judgment debtor must appear under oath and disclose their assets, employment, and financial transactions. This is a critical tool for uncovering hidden assets or income streams. If the debtor fails to comply, they may be held in contempt of court. In cases where the debtor owns a business, a till tap or keeper’s levy may be used to seize cash from a business’s cash register or bank accounts. For judgments involving intangible assets, such as stocks or intellectual property, a charging order may be issued to redirect profits or distributions to the creditor.
Enforcement can also involve more aggressive measures, such as placing a lien on vehicles (through the DMV) or seeking a bank levy to freeze and withdraw funds from the debtor’s accounts. If the debtor attempts to transfer assets to avoid payment, the creditor may file a fraudulent transfer action to reverse the transaction. Ultimately, if the debtor refuses to cooperate in violation of court orders, the court may hold them in contempt, impose fines, or even order jail time for willful non-compliance.
（FIFTEEN）How to recover all fees and costs of enforcement?
Costs (e.g., filing fees, sheriff fees) are added to the judgment and recoverable via enforcement methods. Attorney fees may be recoverable if the original judgment includes them.
*Note regarding time/cost estimates throughout this questionnaire:
Time/costs estimates are based on the assumption that the other party fully cooperates with the relevant legal procedures, which rarely happens in practice. Even without opposition, enforcement may face unexpected delays due to changing legislation or bureaucratic hold-ups. Additionally, as litigation in Singapore is adversarial in nature, when litigation is involved, the actual time and costs of the relevant legal procedures are in large part determined by the parties' litigation strategies. As such, it is almost impossible to provide a general but accurate cost/time estimate, and clients should instead seek a case-by-case evaluation for more specifically accurate estimates.
