History. Ga. L. 1975, p. 479, §§ 3, 4; Ga. L. 2015, p. 996, § 2-1/SB 65; Ga. L. 2016, p. 864, § 9/HB 737.
The 2015 amendment, effective July 1, 2015, designated the existing provisions as subsection (a); substituted the present provisions of subsection (a) for the former provisions, which read: “Except as provided in Code Sections 9-12-114 and 9-12-115, a foreign judgment meeting the requirements of Code Section 9-12-112 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.”; redesignated former Code Section 9-12-114 as subsection (b); in subsection (b), substituted “A court of this state shall not recognize a foreign-country judgment” for “A foreign judgment shall not be recognized” in the introductory language, substituted “judicial system that” for “system which” in paragraph (b)(1), added “or” at the end of paragraph (b)(2), substituted “the defendant” for “him” in paragraph (b)(4), inserted “that deprived the losing party of an adequate opportunity to present its case” at the end of paragraph (b)(5), in paragraph (b)(6), inserted “judgment or” near the beginning and inserted “or of the United States” at the end; in paragraph (b)(8), substituted “determined” for “settled” and substituted “such foreign” for “that”, deleted “or” at the end of paragraph (b)(9), substituted the present provisions of paragraph (b)(10), for the former provisions, which read: “The party seeking to enforce the judgment fails to demonstrate that judgments of courts of the United States and of states thereof of the same type and based on substantially similar jurisdictional grounds are recognized and enforced in the courts of the foreign state.”, and added paragraph (b)(11); and added subsection (c). See editor’s note for applicability.
The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, deleted “or” at the end of paragraph (b)(2) and revised punctuation in paragraph (b)(3).
Cross references.
Nonrecognition of foreign judgment attempting to modify Georgia judgment awarding permanent alimony or support, § 19-6-26 .
Application for permanent alimony or child support by person after grant of divorce to person’s spouse in foreign country, § 19-6-27 .
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.”
Law reviews.
For article discussing the enforcement of money judgments rendered in foreign jurisdictions in light of the establishment of the foreign business enterprise in Georgia, see 27 Mercer L. Rev. 629 (1976).
Structure Georgia Code
Chapter 12 - Verdict and Judgment
Article 5 - Uniform Foreign-Country Money Judgments Recognition Act
§ 9-12-112. Applicability; Burden of Proof
§ 9-12-113. Recognition and Enforcement of Foreign-Country Judgments
§ 9-12-114. Recognition of Personal Jurisdiction
§ 9-12-115. Procedure for Recognition
§ 9-12-116. Effect of Recognition of Foreign-Country Judgments
§ 9-12-117. Stay Pending Appeal