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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 9. CIVIL PRACTICE |
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Chapter 12. VERDICT AND JUDGMENT |
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Article 6. ENFORCEMENT OF FOREIGN JUDGMENTS |
| § 9-12-130. Short title |
| § 9-12-131. "Foreign judgment" defined |
| § 9-12-132. Filing of judgment; force and effect following filing |
| § 9-12-133. Affidavit concerning judgment creditor and debtor; notice to judgment debtor of filing of judgment |
| § 9-12-134. Appeal or stay of foreign judgment; security for satisfaction |
| § 9-12-135. Fees |
| § 9-12-136. Actions to enforce judgments preserved |
| § 9-12-137. Uniform construction |
| § 9-12-138. Judgments to which article applies |
REFS & ANNOS
TITLE 9 Chapter 12 Article 6 NOTE
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. --The 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. --The 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).
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. --The 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. --The 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).