North Carolina Statutes

Chapter 1C Enforcement of Judgments

§ 1C-1804 Grounds for nonrecognition

(a) A foreign judgment is not conclusive if:

(1) The judgment was rendered under a system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2) The foreign court did not have personal jurisdiction over the defendant; or

(3) The foreign judgment did not have jurisdiction over the subject matter.

(b) A foreign judgment need not be recognized if:

(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable the presentation of a defense;

(2) The judgment was obtained by fraud;

(3) The cause of action on which the judgment is based is repugnant to the public policy of this State;

(4) The judgment conflicts with another final and conclusive judgment;

(5) The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be settled out of court;

(6) In the case of jurisdiction based on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; or

(7) The foreign court rendering the judgment would not recognize a comparable judgment of this State. (1993, c. 188.)

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