2010 Georgia Code 9-12-115 Case Law
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One Click Case Law for § 9-12-115
O.C.G.A. § 9-12-114 <-- --> O.C.G.A. §9-12-116



2010 Georgia Code

TITLE 9 - CIVIL PRACTICE

CHAPTER 12 - VERDICT AND JUDGMENT
ARTICLE 5 - GEORGIA FOREIGN MONEY JUDGMENTS RECOGNITION ACT
§ 9-12-115 - Recognition of personal jurisdiction

O.C.G.A. 9-12-115 (2010)
9-12-115. Recognition of personal jurisdiction


(a) A foreign judgment shall not be refused recognition for lack of personal jurisdiction if:

(1) The defendant was served personally in the foreign state;

(2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him;

(3) Prior to the commencement of the proceedings, the defendant had agreed expressly in writing to submit to the jurisdiction of the foreign court, with respect to the subject matter involved in such proceedings, in an action by the party seeking to enforce the judgment;

(4) The defendant was domiciled in the foreign state when the proceedings were instituted or, being a body corporate, then had its principal place of business or was incorporated in the foreign state;

(5) The defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; provided, however, that a business office in the foreign state which it maintained for the transaction of business by a subsidiary corporation of the defendant but which is not held out as a business office of the defendant shall not be deemed to be a business office of the defendant; or

(6) The defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of such operation.

(b) The courts of this state may recognize other bases of personal jurisdiction; provided, however, that if the proceedings in the foreign court involved a cause of action arising out of business activities in the foreign state, the judgment shall not be recognized unless there is a basis for personal jurisdiction as specified in subsection (a) of this Code section.

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

graham@syfert.com