2010 Georgia Code 9-12-114 Case Law
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One Click Case Law for § 9-12-114
O.C.G.A. § 9-12-113 <-- --> O.C.G.A. §9-12-115



2010 Georgia Code

TITLE 9 - CIVIL PRACTICE

CHAPTER 12 - VERDICT AND JUDGMENT
ARTICLE 5 - GEORGIA FOREIGN MONEY JUDGMENTS RECOGNITION ACT
§ 9-12-114 - When foreign judgment not recognized

O.C.G.A. 9-12-114 (2010)
9-12-114. When foreign judgment not recognized


A foreign judgment shall not be recognized if:

(1) The judgment was rendered under a system which 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 him to defend;

(5) The judgment was obtained by fraud;

(6) The cause of action on which the judgment is based is repugnant to the public policy of this state;

(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 settled otherwise than by proceedings in that 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; or

(10) 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.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com