From experience, where you live plays in elective situations as well. For example, if a foreigner defaults, collection results may or may not be cumbersome, quite expensive and time consuming. A judgement doesn’t always equate to successful collection. Even though there are reciprocal legislation in some jurisdictions on judgements, the agreements can be between select states. Some jurisdictions have comity with others but it’s not in every case.
For example, in Alberta, Canada, there are reciprocal agreements between Alberta, Montana, Idaho, Washington State and recently Arizona. Alberta exercises comity under certain conditions. Comity is natural in all Canadian provinces with some exceptions as well (as in Quebec).
However, As the Supreme Court in Canada in Morguard emphasized, the Act does not in any way limit the far larger application of comity in regard to orders and judgments not covered by the Act (i.e. non-money judgments or foreign judgments other than those select U.S. states).
Access all information related to this legislation on CanLII.
www.canlii.org
However, comity may not apply to jurisdictions not covered under the Act. Normally, comity does not apply to transferring a judgement from a State where there is no agreement to a state where there is agreement. However, there have been exceptions but rarely.
Disclaimer: The above is intended to be general legal information, not legal advice. Seek legal advice if you have further questions.
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