806.36(7)
(7) If a contract claim is of the type covered by s.
806.34 (1) or
(2), the judgment or award for the amount of the money stated to measure the obligation to be paid shall be entered in the money specified for payment or, at the option of the debtor, in the number of U.S. dollars that will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
806.36(8)
(8) A judgment shall be filed with the clerk of circuit court and entered in the judgment and lien docket in foreign money in the same manner and shall have the same effect as other judgments.
806.37
806.37
Conversions of foreign money in a distribution proceeding. The rate of exchange prevailing at or near the closing of business on the day the distribution proceeding is initiated shall govern all exchanges of foreign money in the proceeding. A foreign-money claimant in a distribution proceeding must assert its claim in the named foreign money and show the amount of U.S. dollars resulting from a conversion as of the date the proceeding was initiated.
806.37 History
History: 1991 a. 236.
806.38
806.38
Prejudgment and judgment interest. 806.38(1)(1)
With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict of laws rules of this state.
806.38(2)
(2) Notwithstanding sub.
(1), an increase or decrease in the amount of prejudgment interest otherwise payable may be made in a foreign-money judgment to the extent required by s.
802.05,
805.03 or
807.01.
806.38(3)
(3) A judgment on a foreign-money claim bears interest at the same rate applicable to other judgments of this state.
806.38 History
History: 1991 a. 236.
806.39
806.39
Enforcement of foreign judgments. 806.39(1)(1)
Subject to subs.
(2) and
(3), if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in s.
806.36 whether or not the foreign judgment confers an option to pay in an equivalent amount of U.S. dollars. A satisfaction or partial payment made upon the foreign judgment must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
806.39(2)
(2) Notwithstanding sub.
(1), a foreign judgment may be filed and entered in the judgment and lien docket under s.
806.24.
806.39(3)
(3) A judgment entered on a foreign-money claim only in U.S. dollars in another state must be enforced in this state in U.S. dollars only.
806.39 History
History: 1991 a. 236;
1995 a. 224.
806.40
806.40
Temporarily determining the U.S. dollar value of foreign-money claims for limited purposes. 806.40(1)(1)
For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in U.S. dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of U.S. dollars at issue for assessing costs, or the amount of U.S. dollars involved for a surety bond or other court-required undertaking shall be ascertained as provided in subs.
(2) and
(3).
806.40(2)
(2) The party seeking the process, costs, bond or other undertaking must compute the U.S. dollar amount of the foreign money claimed from a bank-offered spot rate of exchange prevailing at or near the close of business on the banking day preceding the day of the filing of a request or application for the issuance of process or for the determination of costs, or the filing of an application for a bond or other court-required undertaking.
806.40(3)
(3) The party seeking the process, costs, bond or other undertaking shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used, how obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment was in the amount of U.S. dollars stated in the affidavit or certificate.
806.40(4)
(4) Computations under this section are for the limited purposes of the section and do not affect computation of the U.S. dollar equivalent of the money of the judgment for payment purposes.
806.40 History
History: 1991 a. 236.
806.41
806.41
Effect of currency revalorizations. 806.41(1)(1)
If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
806.41(2)
(2) If substitution under sub.
(1) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by the rate of conversion of the former money.
806.41 History
History: 1991 a. 236.
806.42
806.42
Supplementary general principles of law. Unless displaced by ss.
806.30 to
806.44, the principles of law and equity, including the law relative to the capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement the provisions under ss.
806.30 to
806.44.
806.42 History
History: 1991 a. 236.
806.43
806.43
Uniformity of application and construction. Sections
806.30 to
806.44 shall be applied and construed to effectuate the general purpose of making uniform the law with respect to the subject of ss.
806.30 to
806.44 among states enacting it.
806.43 History
History: 1991 a. 236.
806.44
806.44
Short title. Sections
806.30 to
806.44 may be cited as the “Uniform Foreign-Money Claims Act".
806.44 History
History: 1991 a. 236.
