Enforcing Brazilian Commercial Judgments in Smith County, Texas: Legal Language, Strategy, and Execution

If you've won a case in Brazil—whether involving energy, agriculture, manufacturing, or international business—the real battle may just be beginning: enforcement. A Brazilian judgment is only as powerful as your ability to collect on it. That means transforming a foreign court decision into an enforceable, collectible asset in Texas.

At our firm, we specialize in precisely that: converting your hard-won Brazilian judgment into a Texas court order—legally binding and enforceable. This article outlines how to do it, what language your Brazilian judgment must include, and the strategic options available for execution.

🔏 Required Language in Brazilian Judgments for Texas Enforcement

To enforce a foreign-country judgment in Smith County, Texas, including those from Brazil, the judgment must satisfy specific formal requirements. These include:

• ✅ Identification of all parties (Plaintiff/Defendant)
• ✅ The amount awarded or relief granted
• ✅ Clear indication that the judgment is final, conclusive, and enforceable
• ✅ Statement that it was issued by a court of competent jurisdiction
• ✅ Signature and date from a judicial officer and an official court seal or certificate
• ✅ Statement that either all appeals are exhausted or that the time to appeal has expired

💡 Tip: Brazilian legal terminology and judgment formats may not mirror Texas expectations. A judgment must either contain or be supplemented with certificates/affidavits to satisfy Texas legal thresholds, including the Texas Uniform Foreign Country Money-Judgment Recognition Act (Chapter 36A). Expect particular scrutiny on jurisdictional validity and finality under both Brazilian and Texas standards.

🌐 Apostillization & Translation: Making a Brazilian Judgment U.S.-Ready

Brazil is a Hague Convention (1961) member, so judgments are apostilled by competent state authorities (cartórios authorized under the CNJ). After apostille, Texas courts require a certified English translation of the judgment and apostille for filing. Where parallel enforcement in Brazil is contemplated, be mindful of evolving recognition rules there.

🖥️ Step-by-Step: Apostilling a Judgment in Brazil

• Present the certified Brazilian judgment to the local state apostille office (cartório autorizado)
• The office confirms the origin and authority of the judicial officer
• They issue the apostille certificate—a stamp or attached page certifying authenticity

Visit the Online Portal

Consult apostille information via the Conselho Nacional de Justiça (CNJ) or the issuing state’s portal: https://www.cnj.jus.br/

Upload the Document

• Follow the portal’s file format instructions
• Observe any size limits and digital signature requirements
• Include digital signatures if applicable

Enter Document Details

• Type of document
• Issuing entity (e.g., court or notary office)
• Contact details (email required for delivery)

Pay the Apostille Fee

• Fees vary by state
• Payment typically available online or at the cartório

Receive the Apostille

• Processing times vary by state
• Delivery may be digital (PDF) or in-person, depending on the authority

📍 In-Person Assistance

Support is available at cartórios and state justice offices in major cities such as São Paulo, Rio de Janeiro, and Brasília for those needing help with access or document preparation.

🗣 Language Note: All documents are in Portuguese, but to be filed in Texas courts, they must be accompanied by a certified English translation.

⚖️ Turning a Brazilian Judgment into a Texas Judgment

Once properly authenticated and translated, you have two legal paths:

✔️ 1. Recognition under the Texas UFCMJRA (Chapter 36A)

Under the Texas Uniform Foreign Country Money-Judgment Recognition Act:

• File the authenticated judgment and an affidavit identifying the parties and last known addresses
• Pay filing fees
• Serve the debtor with legal notice
• File proof of service
• Your Brazilian judgment is recognized and treated as a Texas judgment with full enforcement power

✔️ 2. File a Lawsuit on the Judgment

This approach is used in complex cases—fraud, jurisdictional disputes, or public policy concerns. Though slower, it offers more discovery and litigation tools.

📌 Important: Debtors cannot re-litigate the case. They may only object based on:

• Lack of jurisdiction
• Fraud
• Violation of public policy

These are narrow grounds and rarely succeed.

⏰ Time Limits You Must Know

• Domestication: Must occur within the earlier of 10 years from the Brazilian judgment’s issuance or the end of its enforceable period under Brazilian law
• Enforcement: Once recognized in Texas, enforceable for 10 years, renewable as needed

💼 What We Do (So You Don't Have To)

Our firm provides a turnkey enforcement solution:

• Validate and analyze your Brazilian judgment for Texas filing
• Arrange sworn/certified translations and oversee the apostille process in Brazil
• Prepare affidavits and legal filings under Chapter 36A
• Track debtor assets in Texas
• Enforce through liens, garnishments, property seizures
• Litigate when needed
• Negotiate settlements
• Assist with cross-border recognition issues and parallel enforcement strategies

Get Legal Help in Smith County, Texas

Our experienced business debt collection attorneys can help you navigate the complex landscape of Texas debt collection laws and develop effective strategies to recover what you're owed. Our foreign judgment domestication expertise with commercial debt collection creates comprehensive solutions for international judgment enforcement.

For personalized legal advice about Judgment Enforcement in Smith County, Texas, contact us at:

• 📞 Phone: (281) 348-6723
• 📧 Email: busbytexas@gmail.com
• 📍 Address: 715 E. Whitney, Houston, TX 77008
• 🌐 Get Started Today