Case Caption: Zubair Kazi and Kazi Family, LLC v. Colonial Pacific Leasing, et al.Case Number: S. Ct. Civ. No. 2017-0080Date: 11/16/2018Author: Hodge, Rhys S. Citation: Summary: In a petition by judgment creditors to domesticate and enforce a New York judgment in the Virgin Islands, approved by the Superior Court, a motion for relief from judgment by the debtors was not the appropriate mechanism to obtain a refund of excess sums that over-satisfied the judgment. A party seeking a refund should instead commence a new action to recover the alleged excess amounts, and thus the Superior Court appropriately denied the debtors’ Rule 60(b) motion. Asserting a counterclaim to a recognized foreign judgment is also procedurally improper, except in those limited circumstances where the counterclaim attacks the validity of a judgment. Given the summary nature of the recognition of a foreign judgment under the Uniform Enforcement of Foreign Judgments Act, and the requirement of former Superior Court Rule 34 that a party file counterclaims in an answer, the Superior Court correctly struck the debtors’ counterclaim. The Superior Court’s orders denying the debtors’ motion to vacate the foreign judgment and striking their counterclaim are affirmed.Attachment: Open Document or Opinion