2025 Code of Georgia
Title 9 - Civil Practice (Chs. 1 — 17)
Chapter 12 - Verdict and Judgment (Arts. 1 — 6)
Article 6 - Enforcement of Foreign Judgments (§§ 9-12-130 — 9-12-138)

Annotations

JUDICIAL DECISIONS

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.

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 Ga. App. LEXIS 882 (1995).

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 Ga. App. LEXIS 483 (1992).

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 Ga. App. LEXIS 1266 (1989).

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.

Research References & Practice Aids

O. C. G. A. Title 9

O. C. G. A. Title 9, Ch. 12