(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
§ 676.6.Proper Money of Claim Question of Law
Title 8.5. Uniform Foreign-Money Claims Act · Enacted 1991 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 676.6 lets a claimant assert a claim in a specified foreign money — defaulting to United States dollars if none is specified — lets an opposing party allege a different currency applies, allows defenses and counterclaims in any currency regardless of the claim's currency, and treats the choice of proper money as a question of law for the court.
Full Text of § 676.6
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
Plain-English Summary
This section sets the procedural ground rules for how currency gets litigated. A claimant can name a specific foreign money for the claim; if none is named, the claim defaults to United States dollars. That's just the claimant's opening position, though — subdivision (b) lets the opposing party allege and prove that some or all of the claim is denominated in a different currency.
Subdivision (c) frees up defenses, setoffs, recoupments, and counterclaims to be asserted in whatever currency fits them, without regard to what currency the underlying claim uses. And subdivision (d) settles who resolves any dispute over which currency governs: it's a question of law for the court, not a factual issue for the jury.
Frequently Asked Questions
What currency does a claim default to if the claimant doesn't specify one?
United States dollars.
Can the opposing party argue a different currency applies to the claim?
Yes, by alleging and proving that a different money governs, in whole or part.
Must a counterclaim use the same currency as the underlying claim?
No, defenses, setoffs, recoupments, and counterclaims can be asserted in any money regardless of the claim's currency.
Who decides which money properly governs a claim?
The court, as a question of law.
Amendment History
Added by Stats. 1991, Ch. 932, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: asserting foreign money claim californiaproper money question of law