Enforcement of Judgments: Overview (United States)

Insights and Analysis

Enforcement of Judgments: Overview (United States)

01 August 2024

Enforcement is a key stage in resolving a dispute. If the judgment debtor voluntarily complies with the judgment or if parties wish only to rely on the judgment as res judicata and prevent another party from re-litigating a claim or defense, enforcement proceedings will not be necessary (though the judgment may still need to be recognized). However, in many instances, enforcement is necessary to give effect to the judgment. The process can be especially complex and time-consuming if the judgment is being enforced in an overseas jurisdiction.

In this Practical Law article, authors Oliver J. Armas, Dennis H. Tracey III, David R. Michaeli, and Samuel L. Zimmerman provide a comprehensive overview of the legal framework for enforcing judgments in the United States. The article addresses key issues counsel should consider when advising on the enforcement of both domestic and foreign judgments, including: the procedures for enforcement, the grounds on which enforcement proceedings can be challenged, interim measures that can be granted while enforcement is pending, and the various methods available for enforcing a judgment.

The full article can be found here.