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2018 Georgia Code 9-12-131 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-131 Case Law from Google Scholar Amendments to OCGA 9-12-131

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 6 ENFORCEMENT OF FOREIGN JUDGMENTS

9-12-131. "Foreign judgment" defined.

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.

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

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 appellants 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).

Cases Citing O.C.G.A. § 9-12-131

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Lemcon USA Corp. v. Icon Tech. Consulting, Inc., 301 Ga. 888 (Ga. 2017).

Cited 11 times | Published | Supreme Court of Georgia | Aug 28, 2017 | 804 S.E.2d 347

...Roach, 575 P2d 345, 349 (Ariz. Ct. App. 1977). Indeed, the Act defines a “foreign judgment” to which the Act applies as “a judgment, decree, or order of a court of the United States or of any other court that is en titled to full faith and credit in this state.” OCGA § 9-12-131 (emphasis supplied)....
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Prince v. Mitchell, 257 Ga. 30 (Ga. 1987).

Published | Supreme Court of Georgia | Apr 9, 1987 | 354 S.E.2d 422

...s,” Sarah Prince could have sought enforcement in Tennessee of her Georgia order for custody through the Uniform Enforcement of Foreign Judgments Act, which has been adopted by most states, including Tennessee. T.C.A. § 26-6-101 et seq.; see OCGA § 9-12-131 et seq....