O.C.G.A.

O.C.G.A. § 9-12-131 (2019)

‘‘Foreign judgment’’ defined

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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As used in this article, the term ‘‘foreign judgment’’ means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.

History

(Code 1981, § 9-12-131, enacted by Ga. L. 1986, p. 380, § 1.)

Annotations

Cross references. - Georgia Foreign Money Judgments Recognition Act, § 9-12-110 et seq. JUDICIAL DECISIONS District of Columbia judgment is a foreign judgment as defined in the Uniform Enforcement of Foreign Judgment Law, O.C.G.A. § 9-12-130 et seq., and enforceable in this state. Thompson v. Potomac River Front Ltd. Partnership, 217 Ga. App. 564, 458 S.E.2d 390 (1995). Foreign judgment does not include a judgment from an in state federal court. - Judgments from federal courts within the state are judgments obtained within the state and are not included in the definition of a foreign judgment that would require domestication before obtaining lien priority. Tunnelite, Inc. v. Estate of Sims, 266 Ga. App. 476, 597 S.E.2d 555 (2004). Appeal. - Appeal of an order denying appellants’ motion to vacate a foreign judgment was dismissed because the ap-

pellants failed to follow the correct procedure for appealing the trial court’s decision; the appellants never filed a motion to set aside the judgment under O.C.G.A. § 9-11-60(d), which was the proper method for attacking a foreign judgment filed under the Uniform Enforcement of Foreign Judgments Law, O.C.G.A. § 9-12-130 et seq.; the underlying subject matter of the appellants’ motions was an attempt to set aside a judgment, and the denial of the appellants’ motions was subject to discretionary appeal because the underlying subject matter generally controlled over the relief sought in determining the proper procedure to follow to appeal. Noaha, LLC v. Vista Antiques & Persian Rugs, Inc., 306 Ga. App. 323, 702 S.E.2d 660 (2010).

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1987–2022 · leading case: Okekpe v. Com. Funding Corp., 463 S.E.2d 23 (Ga. Ct. App. 1995).

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Okekpe v. Com. Funding Corp., 463 S.E.2d 23 (Ga. Ct. App. 1995). · cites it 4× “OCGA § 9-12-131. This is so even though the Georgia court in which it is filed does not "render" any judgment at all; nothing in the Uniform Law contemplates such.”

Tunnelite, Inc. v. Est. of Sims, 597 S.E.2d 555 (Ga. Ct. App. 2004). · cites it 4× “, which is Georgia’s codification of the Uniform Enforcement of Foreign Judgments Law (“UEFJL”), 8 requires a different result, because Tunnelite’s judgment is a “foreign judgment” within the meaning of OCGA § 9-12-131, and OCGA § 9-12-132 requires that a foreign judgment be…”

Lemcon USA Corp. v. Icon Tech. Consulting, Inc., 804 S.E.2d 347 (Ga. 2017). · cites it 2× “” OCGA § 9-12-131 (emphasis supplied). Under the Full Faith and Credit Clause, “a judgment of a foreign court will be enforced by the courts of this state unless it is shown that the foreign court lacked jurisdiction of the person or subject matter or that the judgment was…”

Eastlawn Corp. v. Bankers Equip. Leasing Co., 439 S.E.2d 753 (Ga. Ct. App. 1993). · cites it 4× “OCGA § 9-12-131. The trial court properly refused to set aside the domesticated judgment.”

Noaha, LLC v. Vista Antiques & Persian Rugs, Inc., 702 S.E.2d 660 (Ga. Ct. App. 2010). · cites it 2× “The trial court, however, did properly stay enforcement of the original South Carolina judgment because an appeal was pending.”

Smith v. State, 461 S.E.2d 553 (Ga. Ct. App. 1995). · cites it 2× “” OCGA § 9-12-131. A properly authenticated and filed foreign judgment “has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be…”

First Merit Credit Servs. v. Fairway Aviation, LLC (Ga. Ct. App. 2021). · cites it 2× “See OCGA § 9-12-131 (“As used in this article, the term “foreign judgment” means a judgment, decree, or order of a court of the United States or of any other court that 9 The UEFJL thus provides a summary procedure for endowing a filed foreign judgment with the same effect as a…”

Teresa C. Robinson v. Citi Bank, N.A . Successor by Merger to Citibank (South Dakota), N. A. (Ga. Ct. App. 2022). · cites it 2× “”2 An authenticated copy of a foreign judgment “may be filed in the office of the clerk of any court of competent jurisdiction of this state,”3 after which the clerk “shall treat the foreign judgment in 2 OCGA § 9-12-131. 3 OCGA § 9-12-132. 2 the same manner as a judgment of the…”

Prince v. Mitchell, 354 S.E.2d 422 (Ga. 1987). · cites it 2× “; see OCGA § 9-12-131 et seq. Under that act, on the filing of her Georgia judgment for custody with the clerk of any circuit or chancery court in Tennessee, her judgment would have the same effect as, and could be enforced in the same manner as, any other Tennessee judgment.”

Thompson v. Potomac River Front Ltd. P'ship, 458 S.E.2d 390 (Ga. Ct. App. 1995). · cites it 2× “Under UEFJL, particularly OCGA § 9-12-131, a foreign judgment is “a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.”

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