Recognition and Enforcement of Foreign-Country Judgments

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Verdict and Judgment
  5. Uniform Foreign-Country Money Judgments Recognition Act
  6. Recognition and Enforcement of Foreign-Country Judgments

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  1. 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.
  2. A court of this state shall not recognize a foreign-country judgment if:
    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. The foreign court did not have personal jurisdiction over the defendant;
    3. The foreign court did not have jurisdiction over the subject matter;
    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. The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
    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. The judgment conflicts with another final and conclusive judgment;
    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. 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. The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to such judgment; or
    11. The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
  3. 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.

(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).

JUDICIAL DECISIONS

Foreign judgment shall not be recognized by the courts of this state if the foreign court did not have personal jurisdiction over the defendant. Berry v. Jeff Hunt Mach. Co., 148 Ga. App. 35, 250 S.E.2d 813 (1978).

Trial court erred in domesticating foreign judgment.

- Trial court erred when the court domesticated a judgment a seller obtained against a purchaser from the courts of Dubai, United Arab Emirates, because the seller provided no evidence under the Georgia Foreign Money Judgments Recognition Act, O.C.G.A. § 9-12-114(10), that judgments of courts of the United States and of states thereof of the same type and based on substantially similar jurisdictional grounds were recognized and enforced in Dubai. Shehadeh v. Alexander, 315 Ga. App. 479, 727 S.E.2d 227 (2012).

Cited in Kronitz v. Fifth Ave. Dance Studio, Inc., 242 Ga. 398, 249 S.E.2d 80 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judgments, §§ 770, 772, 788 et seq., 798, 801.

C.J.S.

- 50 C.J.S., Judgments, §§ 1273 et seq., 1325, 1358, 1359.

U.L.A.

- Uniform Foreign Money-Judgments Recognition Act (U.L.A.) §§ 3, 4.

ALR.

- Recent variations in rate of foreign exchange as affecting damages for tort, 20 A.L.R. 899.

Conclusiveness as to merits of judgment of courts of foreign country, 46 A.L.R. 439; 148 A.L.R. 991.

Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 A.L.R. 740.

Interlocutory judgment or decree in one state as bar to an action in another state, 84 A.L.R. 721.

Validity and enforceability of judgment entered in sister state under a warrant of attorney to confess judgment, 39 A.L.R.2d 1232.

Injunction against suit in another state or country for divorce or separation, 54 A.L.R.2d 1240.

Judgment of court of foreign country as entitled to enforcement or extraterritorial effect in state court, 13 A.L.R.4th 1109.

Validity, construction, and application of Uniform Enforcement of Foreign Judgments Act, 31 A.L.R.4th 706.


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