§658B-7 - Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
[§658B-7] Judgments and awards on
foreign-money claims; times of money conversion; form of judgment. (a)
Except as provided in subsection (c), a judgment or arbitration award on a
foreign-money claim must be stated in an amount of the money of the claim.
(b) The judgment or award is payable in that
foreign money or, at the option of the debtor, in the amount of United States
dollars which will purchase that foreign money on the conversion date at a
bank-offered spot rate.
(c) Assessed costs must be entered in United
States dollars.
(d) Each payment in United States dollars must
be accepted and credited on the judgment or award in the amount of the foreign
money that could be purchased by the dollars at a bank-offered spot rate of
exchange at or near the close of business on the conversion date for that
payment.
(e) Judgments or awards made in an action on
both (1) a defense, set-off, recoupment, or counterclaim and (2) the adverse
party's claim, must be netted by converting the money of the smaller into the
money of the larger, and by subtracting the smaller from the larger, and must
specify the rates of exchange used.
(f) A judgment substantially in the following
form complies with subsection (a):
"IT IS ORDERED AND ADJUDGED, that
Defendant (insert name) pay to Plaintiff (insert name) the sum of
(insert amount in the foreign money) plus interest on that sum at the
rate of (insert rate -- see section 658B-9) per cent a year or, at the
option of the judgment debtor, the number of United States dollars as will
purchase the (insert name of foreign money) with interest due, at a
bank-offered spot rate at or near the close of business on the banking day next
before the day of payment, together with assessed costs of (insert amount)
United States dollars."
(g) If a contract claim is of the type covered
by section 658B-5(a) or (b), the judgment or award shall be entered for the
amount of the money stated to measure the obligation to be paid in the money
specified for payment or, at the option of the debtor, the number of United
States dollars as will purchase the computed amount of the money of payment on
the conversion date at a bank-offered spot rate.
(h) A judgment shall be recorded and indexed
in foreign money in the same manner and shall have the same effect as a lien as
other judgments. It may be discharged by payment. [L 1990, c 50, pt of §1]