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I and my brother entered into a collusive judgment regarding

 
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Customer Question

I and my brother entered into a collusive judgment regarding my Indian House, in 2002 in an Arizona Court. From Jail my brother sent a satisfaction of judgment with the remark that house in India is outside the satisfaction. As Arizona Judgments needed renewal after five years; this judgement was not renewed in January, 2007 as the Court Papers shows it is satisfied. In Sept.2008 my brother filed a law suit in India based on this Judgment and I filed a Counter Claim based on an Agreement that everything we owned is 50/50. I want to put a lien on all his businesses,commercial and residential property based on the Indian Court's resolution .We signed an Agreement in India prepared by an Indian Attorney and signed inside U.S.Embassy. My brother took that agreement but did sent me an e-mail incorporating the Business Agreement in its entirety. I also want the proceeds from the businesses to go to Court Appointed custodian in Arizoan. All his assetts are in Arizona.

 

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State/Country of Question: Arizona

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Based on IndXXX XXtigation I want to put a Lien on all Businesses/commercial/residential properties and proceeds from the businesses to be deposited with a Court appointed Custodian till the resolution of IndXXX XXtigation. So far I have not tried anything because my brother did not file his replication in the Indian Court.

Submitted: 1018 days and 10 hours ago.
Category: Legal
Value: $18
Status: CLOSED

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Expert:  lwpat replied 1018 days and 10 hours ago.

An Arizona court is not going to act on pending litigation in a foreign court so until the case in India is finalized you cannot put a lien on anything in Arizona. Once the case is settled and assuming you get a judgment against him in India you will have to try to get that judgment domesticated in Arizona. I am not familar with the treaty between India and the US so I do not know if you can do that directly or if you will have to go to the international court first. Your attorney in India should know.

 

An accept for my time is always appreciated.

Expert TypeAttorney
Pos. Feedback: 98.2 %
Accepts: 6649
Answered: 8/8/2009

Experience: Actively practicing trial attorney

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