2020 Georgia Code
Title 9 - Civil Practice
Chapter 12 - Verdict and Judgment
Article 5 - Uniform Foreign-Country Money Judgments Recognition Act
§ 9-12-111. Definitions

As used in this article, the term:

1. "Foreign country" means a government other than:
   1. The United States;
   2. Any state, district, commonwealth, territory, or insular possession of the United States; or
   3. Any other government with regard to which the decision in this state as to whether to recognize a judgment of such government's court is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
2. "Foreign-country judgment" means any judgment of a court of a foreign country.

(Ga. L. 1975, p. 479, § 1; Ga. L. 2015, p. 996, § 2-1/SB 65.)

The 2015 amendment, effective July 1, 2015, added present paragraph (1); redesignated former paragraph (1) as present paragraph (2) and substituted the present provisions for the former, which read: "'Foreign judgment' means any judgment of a foreign state granting or denying recovery of a sum of money other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters."; and deleted former paragraph (2), which read: "(2) 'Foreign state' means any governmental unit other than:

"(A) The United States;

"(B) Any state, district, commonwealth, territory, or insular possession of the United States; or

"(C) The Trust Territory of the Pacific Islands." See editor's note for applicability.

- Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides:

"(a) This Act shall be known and may be cited as the 'Debtor Creditor Uniform Law Modernization Act of 2015.'

"(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships."

Ga. L. 2015, p. 996, § 7-1/SB 65, not codified by the General Assembly, provides in part: "Part 2 of this Act shall apply to all actions filed on or after July 1, 2015, in which the recognition of a foreign country judgment is raised."

JUDICIAL DECISIONS

Meaning of "foreign court."

- Although court decisions refer to "foreign courts" in referring to sister states, the legislature in this section truly intended "foreign" to mean "nondomestic" courts of the United States. Collins v. Peacock, 147 Ga. App. 424, 249 S.E.2d 142 (1978).

This article has no application to a foreign judgment for support in matrimonial or family matters. Jacoby v. Jacoby, 150 Ga. App. 725, 258 S.E.2d 534 (1979); Knothe v. Rose, 195 Ga. App. 7, 392 S.E.2d 570 (1990).

Cited in Kronitz v. Fifth Ave. Dance Studio, Inc., 242 Ga. 398, 249 S.E.2d 80 (1978).

RESEARCH REFERENCES

U.L.A.

- Uniform Foreign Money-Judgments Recognition Act (U.L.A.) § 1.