Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 12. VERDICT AND JUDGMENT · Article 5. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

9-12-113. Recognition and enforcement of foreign-country judgments.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Except as otherwise provided in subsection (b) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112.#
(b)
A court of this state shall not recognize a foreign-country judgment if:#
1. (1)
  The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;#
2. (2)
  The foreign court did not have personal jurisdiction over the defendant;#
3. (3)
  The foreign court did not have jurisdiction over the subject matter;#
4. (4)
  The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable the defendant to defend;#
5. (5)
  The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;#
6. (6)
  The judgment or cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States;#
7. (7)
  The judgment conflicts with another final and conclusive judgment;#
8. (8)
  The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in such foreign court;#
9. (9)
  In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;#
10. (10)
  The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to such judgment; or#
11. (11)
  The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.#
(c)
A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) of this Code section exists.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.

Amendments

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch12-17-(v7a)-pdf.pdf, Volume V7A, 2015 edition, 2025 supplement, pages 18 to 19; merge action: replaced; file SHA-256 3ebff39d34dd.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.