2020 Georgia Code
Title 9 - Civil Practice
Chapter 12 - Verdict and Judgment
Article 5 - Uniform Foreign-Country Money Judgments Recognition Act
§ 9-12-119. Situations Not Covered by Article
This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
(Ga. L. 1975, p. 479, § 7; Code 1981, §9-12-119, as redesignated by Ga. L. 2015, p. 996, § 2-1/SB 65.)
The 2015 amendment, effective July 1, 2015, redesignated former Code Section 9-12-117 as present Code Section 9-12-119, and substituted "under principles of comity or otherwise of a foreign-country judgment not within the scope of" for "of a foreign judgment in situations not covered by". See editor's note for applicability.
Editor's notes.- 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."
RESEARCH REFERENCES
C.J.S.
- 50 C.J.S., Judgments, § 1273 et seq.
U.L.A.- Uniform Foreign Money-Judgments Recognition Act (U.L.A.) § 7.
ALR.
- Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 A.L.R. 740.
ARTICLE 6 ENFORCEMENT OF FOREIGN JUDGMENTS
JUDICIAL DECISIONS
Notice of intent to rely on foreign law.
- Because the use of O.C.G.A. § 9-12-130 et seq. to domesticate a foreign judgment requires proof that the state in which the foreign judgment was entered adopted the Uniform Enforcement of Foreign Judgments Act in substantially the same form as Georgia, and such foreign law would be published by authority, it is the trial court's duty to take judicial notice of it. P.G.L. & C.C. Employees Credit Union v. Kimball, 221 Ga. App. 108, 470 S.E.2d 501 (1996).
Revival of dormant federal judgment.
- Provision of O.C.G.A. § 9-12-61 for revival of a dormant judgment is applicable to revive a dormant federal judgment. Okekpke v. Commerce Funding Corp., 218 Ga. App. 705, 463 S.E.2d 23 (1995).
Counterclaims by judgment debtors prohibited.
- Uniform Enforcement of Foreign Judgments Law, O.C.G.A. § 9-12-130 et seq., is a special statutory proceeding for filing a foreign judgment and does not provide for the filing of counterclaims by the judgment debtor. Hammette v. Eickemeyer, 203 Ga. App. 243, 416 S.E.2d 824 (1992).
Florida court order.
- Husband was not required to undertake domestication proceedings, with respect to a Florida court order that the wife turn over personal property to him, as a condition precedent to bringing a conversion action in Georgia based on his alleged ownership of the property. Hughes v. Hughes, 193 Ga. App. 72, 387 S.E.2d 29 (1989).
Earlier obtained but later domesticated foreign judgment.
- Because a foreign judgment cannot be enforced until it is domesticated, a Georgia judgment had priority over an earlier obtained, but later domesticated, foreign judgment against the same debtor. NationsBank v. Gibbons, 226 Ga. App. 610, 487 S.E.2d 417 (1997).
