Ten Questions and Answers to a Foreign Collection Lawyer: Quebec, Canada
Debt 3 › Vol. 24 Nbr. 5, September 2009
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Summary
Questions on whether any problems with a US claimant pursuing a claim against a debtor in Quebec, and the rules regarding enforcement of a judgment obtained against a debtor in the US are answered. Assuming that there is no exclusive jurisdiction clause in the contract between the parties requiring the suit to be filed somewhere else, the debtor who resides in Quebec can be served with proceedings in Quebec. A clause choosing the systems of law applies in the contract and is not the same as an exclusive jurisdiction clause. One important disadvantage that foreign claimants have in Quebec is that they may be required to provide security for court costs in the event that they do not succeed in their claim against the Quebec debtor. Meanwhile, judgments from the US are enforceable in Quebec; it is necessary, however, to start legal action again, even if a judgment has been obtained elsewhere.
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Extract
Ten Questions and Answers to a Foreign Collection Lawyer: Quebec, Canada
1 Are there any problems with a U.S. claimant pursuing a claim against a debtor in Quebec?
Assuming that there is no exclusive jurisdiction clause in...See the full content of this document
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