2021 Georgia Code
Title 9 - Civil Practice
Chapter 12 - Verdict and Judgment
Article 5 - Uniform Foreign-Country Money Judgments Recognition Act
§ 9-12-114. Recognition of Personal Jurisdiction
- A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if:
- The defendant was served personally in the foreign country;
- The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant;
- Prior to the commencement of the proceedings, the defendant had agreed to submit to the jurisdiction of the foreign court, with respect to the subject matter involved;
- The defendant was domiciled in the foreign country when the proceedings were instituted or was a corporation or other form of business organization that had its principal place of business in or was organized under the laws of the foreign country;
- The defendant had a business office in the foreign country and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
- The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a cause of action arising out of such operation.
- The courts of this state may recognize other bases of personal jurisdiction other than those listed in subsection (a) of this Code section.
(Ga. L. 1975, p. 479, § 5; Code 1981, §9-12-114, as redesignated by Ga. L. 2015, p. 996, § 2-1/SB 65.)
The 2015 amendment, effective July 1, 2015, redesignated former Code Section 9-12-115 as present Code Section 9-12-114; substituted "country" for "state" throughout; in subsection (a), substituted "foreign-country" for "foreign" in the introductory language, substituted "the defendant" for "him" in paragraph (a)(2), in paragraph (a)(3), deleted "expressly in writing" following "had agreed" and deleted "in such proceedings, in an action by the party seeking to enforce the judgment" following "matter involved", substituted "or was a corporation or other form of business organization that had its principal place of business in or was organized under the laws of the foreign country" for ", being a body corporate, then had its principal place of business or was incorporated in the foreign state" in paragraph (a)(4), and substituted "country" for "state; provided, however, that a business office in the foreign state which it maintained for the transaction of business by a subsidiary corporation of the defendant but which is not held out as a business office of the defendant shall not be deemed to be a business office of the defendant" at the end of paragraph (a)(5); and substituted "; other than those listed" for "provided, however, that if the proceedings in the foreign court involved a cause of action arising out of business activities in the foreign state, the judgment shall not be recognized unless there is a basis for personal jurisdiction as specified" in subsection (b).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, § 2-1, effective July 1, 2015, redesignated former Code Section 9-12-114 as present Code Section 9-12-113(b).
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
Collateral attack on petition to domesticate foreign judgment on ground that the judgment was based on lack of personal jurisdiction is precluded in this state only if the defendant has appeared in the foreign court and has thus had an opportunity to litigate the issue. Borg-Warner Health Prods., Inc. v. May, 154 Ga. App. 482, 268 S.E.2d 770 (1980).
Cited in Glover v. Clark, 161 Ga. App. 552, 288 S.E.2d 887 (1982).
Am. Jur. 2d.
- 47 Am. Jur. 2d, Judgments, § 788 et seq.C.J.S.
- 50 C.J.S., Judgments, §§ 1282, 1300 et seq., 1326, 1348, 1376.U.L.A.
- Uniform Foreign Money-Judgments Recognition Act (U.L.A.) § 5.ALR.
- Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 A.L.R. 740.
Injunction against suit in another state or country for divorce or separation, 54 A.L.R.2d 1240.
Construction and application of state statutes or rules of court predicating in personam jurisdiction over nonresidents of foreign corporations on making or performing a contract within the state, 23 A.L.R.3d 551.