Comparative Guides

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4. Results: Answers
Enforcement of Foreign Judgments
Tips and traps
What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?

Answer ... Payment may result from recognition and enforcement only if the debtor owns assets of sufficient value. Publicly available information regarding this issue is scarce and not readily available. However, once a foreign executory title has become enforceable in Austria, the attorney representing the creditor is entitled to request information as to whether the debtor owns sufficient assets – for example, from credit agencies. Also, as mentioned above and in light of the Enforcement Act amendments, it is recommended to inquire whether any enforcement proceedings are pending against a debtor or prospective respondent.

For more information about this answer please contact: Klaus Oblin from OBLIN Attorneys at Law LLP
Enforcement of Foreign Judgments