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O.C.G.A. § 9-12-131 — "Foreign judgment" defined | Georgia Code
O.C.G.A. § 9-12-131 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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).

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.