How Do I Enforce a Foreign Judgment in Georgia?
Full Question:
Answer:
You will need to obtain an authenticated copy of the judgment from the clerk of courts where the judgment was issued. Authentication is the confirmation rendered by an officer of a court that a certified copy of a judgment is what it purports to be, an accurate duplicate of the original judgment.
At the time a foreign judgment is filed in Georgia, it must be authenticated and the judgment creditor or the judgment creditor's attorney must make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. Upon filing the authenticated judgment, affidavit and payment of all filing and docketing fees, the clerk will mail to the judgment debtor a notice of filing.
Please see the following GA statutes to determine applicability:
9-12-113. Except as provided in Code Sections 9-12-114 and 9-12-115, a
foreign. . . .
Except as provided in Code Sections 9-12-114 and 9-12-115, a foreign
judgment meeting the requirements of Code Section 9-12-112 is conclusive
between the parties to the extent that it grants or denies recovery of a
sum of money. The foreign judgment is enforceable in the same manner as
the judgment of a sister state which is entitled to full faith and
credit.
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.
9-12-115. (a) A foreign judgment shall not be refused recognition for
lack of. . . .
(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.
9-12-132. A copy of any foreign judgment authenticated in accordance with
an. . . .
A copy of any foreign judgment authenticated in accordance with an
act of Congress or statutes of tins state may be filed in the office of
the clerk of any court of competent jurisdiction of this state. The
clerk shall treat the foreign judgment in the same manner as a judgment
of the court in which the foreign judgment is filed. A 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 enforced or satisfied in like manner.
9-12-133. (a) At the time a foreign judgment is filed, the judgment
creditor or. . . .
(a) At the time a foreign judgment is filed, the judgment creditor or
the judgment creditor's attorney shall make and file with the clerk of
the court an affidavit showing the name and last known post office
address of the judgment debtor and the judgment creditor.
(b) The clerk shall promptly mail notice of the filing of the foreign
judgment to the judgment debtor at the address given and shall note the
mailing in the docket. The notice must include the name and post office
address of the judgment creditor and, if the judgment creditor has an
attorney in this state, the attorney's name and address. The judgment
creditor may mail a notice of the filing of the judgment to the judgment
debtor and may file proof of mailing with the clerk. Lack of mailing
notice of filing by the clerk does not affect the enforcement proceedings
if proof of mailing by the judgment creditor has been filed.
9-12-135. A person filing a foreign judgment shall pay to the clerk of
court. . . .
A person filing a foreign judgment shall pay to the clerk of court
the same sums as in civil cases in superior court as provided in Code
Section 15-6-77. Fees for other enforcement proceedings shall be as
otherwise provided by law.
15-6-77. (a) The clerks of the superior courts of this state shall be
entitled. . . .
(a) The clerks of the superior courts of this state shall be entitled
to charge and collect the sums enumerated in this Code section.
(b) All sums as provided for in this Code section shall be inclusive of
the sums that the clerks of the superior courts may be required to
collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The
sums provided in this Code section are exclusive of costs for service of
process or other additional sums as may be provided by law.
(c) In all counties in this state where the clerk of the superior court
is paid or compensated on a salary basis, the fees provided for in this
Code section shall be paid into the county treasury less and except such
sums as are otherwise directed to be paid pursuant to Code Section 15-6-61
and such sums as are collected pursuant to Code Section 36-15-9 and Code
Section 15-6-77.4, which sums shall be remitted to such authorities as
provided by law. Fees, sums, or other remuneration for the performance of
duties provided for under the laws of the United States or regulations
promulgated pursuant to such laws shall be as provided in such laws or
regulations as personal compensation to the clerk of the superior court
for the performance of such duties.
(d) Except for the filing of civil cases in which the filing party is
indigent as provided in subsection (e) of this Code section, all sums
specified in this Code section shall be paid to the clerk at the time
of filing or other service.
(e) Costs in civil cases:
(1) As used in this subsection, the term "civil cases" shall include
all actions, cases, proceedings, motions, or filings civil in nature,
including but not limited to actions for divorce, domestic relations
actions, modifications on closed civil cases, adoptions, condemnation
actions, and actions for the validation and confirmation of revenue
bonds. Any postjudgment proceeding filed more than 30 days after
judgment or dismissal in an action shall be considered as a new case for
the purposes of this Code section.
(2) Except as provided in paragraphs (3) and (4) of this subsection,
the total sum for all services rendered by the clerk of the superior
court through entry of judgment in civil cases shall be $58.00. Such sum
shall not be required if the party desiring to file such case or
proceeding is unable, because of his indigence, to pay such sum and such
party files with the clerk an affidavit to such effect, as provided by
law. Nothing contained in this subsection shall be deemed to require
advance payment of such sum by the state, its agencies, or political
subdivisions.
(3) In all cases involving condemnations or the validation and
confirmation of revenue bonds, the following additional sums shall be
charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code
Section 36-82-79, first 500 bonds, each .......................... $ 1.00
All bonds over 500, each ....................................... .50
(B) Recording on final record, per page ........................ 1.50
(4) No fee or cost shall be assessed for any service rendered by the
clerk of superior court through entry of judgment in family violence
cases under Chapter 13 of Title 19 or in connection with the filing,
issuance, registration, or service of a protection order or a petition
for a prosecution order to protect a victim of domestic violence,
stalking, or sexual assault. A petitioner seeking a temporary protective
order or a respondent involved in a temporary protective order hearing
under the provisions of Code Section 19-13-3 or 19-13-4 shall be provided
with a foreign language or sign language interpreter when necessary for
the hearing on the petition. The reasonable cost of the interpreter shall
be paid by the local victim assistance funds as provided by Article 8 of
Chapter 21 of this title. The provisions of this paragraph shall control
over any other conflicting provisions of law and shall specifically
control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and
15-6-77.3.
(5) Nothing contained in this Code section shall be construed so as to
prohibit the collection of any other costs authorized by law for
postjudgment proceedings or for any other services which the clerk or the
sheriff shall perform. Nothing contained in this Code section shall be
construed to affect in any way the power and authority of the superior
courts from taxing costs in accordance with law, but no costs shall be
refunded by the clerk unless and until the same have been paid to the
clerk by the losing party.
(f) Until July 1, 2014, sums for filing documents, instruments, etc.,
pertaining to real estate or personal property, such sums to include
recording and returning where applicable, shall be as follows:
(1)(A)(i) Filing all instruments pertaining to real estate including
deeds, deeds of trust, affidavits, releases, notices and
certificates, and cancellation of deeds, first page .............. $ 9.50
Each page, after the first ........................................ 2.00
(ii) Filing all instruments pertaining to real estate and personal
property including liens on real estate and personal property,
notice filings for Uniform Commercial Code related real estate,
tax liens, hospital liens, writs of fieri facias, notices of lis
pendens, written information on utilities, cancellations of liens,
and writs of fieri facias, first page ............................. 4.50
Each page, after the first ......................................... 2.00
(B) Filing and indexing financing statements, amendments to financing
statements, continuation statements, termination statements,
release of collateral, or other filing pursuant to Article 9 of
Title 11, first page ............................................... 10.00
Each page, after the first ........................................... 2.00
(2) Filing maps or plats, each page ...................................... 7.50
(3) For processing an assignment of a security deed, for each deed
assigned ............................................................ 4.50
(f.1) On and after July 1, 2014, sums for filing documents,
instruments, etc., pertaining to real estate or personal property, such
sums to include recording and returning where applicable, shall be as
follows:
(1)(A) Filing all instruments pertaining to real estate and personal
property except as otherwise specified in this Code section,
including but not limited to the filing of deeds, deeds of trust,
affidavits, releases, notices, certificates, liens on real estate
and personal property, notice filings for Uniform Commercial Code
related real estate, tax liens, hospital liens, writs of fieri
facias, notices of lis pendens, written information on utilities,
and cancellation of deeds, liens, and writs of fieri facias,
first page .......................................................$ 4.50
Each page, after the first ........................................ 2.00
(B) Filing and indexing financing statements, amendments to financing
statements, continuation statements, termination statements,
release of collateral, or other filing pursuant to Part 4 of
Article 9 of Title 11, first page ................................. 10.00
Each page, after the first ........................................... 2.00
(2) Filing maps or plats, each page ...................................... 7.50
(3) For processing an assignment of a security deed, for each deed
assigned .......................................................... 4.50
(g) Miscellaneous fees:
(1) Recording any instrument or writing, fee not otherwise specified,
first page ....................................................... $ 5.00
Each page, after the first .......................................... 2.00
(2) Uncertified copies of documents, if no assistance is
required from the office of the clerk of superior court,
per page ........................................................... .25
Uncertified copies, if assistance is required ....................... 1.00
Uncertified copies, if transmitted telephonically or electronically,
first page ......................................................... 2.50
Each page, after the first .......................................... 1.00
(3) Uncertified copies of documents, drawings, or plats, copy larger than
8.5 x 14 inches .................................................... 2.00
(4) Certification or exemplification of record, including certificates
and seals, first page .............................................. 2.50
Each page, after the first .......................................... .50
(5) Clerk's certificate ................................................. 1.00
(6) Court's seal ........................................................ 1.00
(7) The clerk may provide computer data or computer generated printouts
of public records subject to disclosure maintained on computer by,
or available to, the clerk, for each page or partial page of
printed data or copies of such or its equivalent ................... 2.50
Nothing in this paragraph shall be construed to require any clerk to
provide computer generated reports nor shall any clerk be required
to prepare custom or individualized computer compilations or
reports for any person or entity which would require preparation
of a computer program which is not a standard existing computer
program in use by the clerk. The clerk shall not be required to
permit access to, or to provide copies of, copyrighted computer
programs or any other computer programs in violation of any
software license agreement or containing confidential records
otherwise excluded or exempted by this Code section or any other
applicable law.
(8) Issuing certificate of pending or unsatisfied judgment, as
provided in Code Section 40-9-40 ................................... 3.00
(9) Issuing certificate of appointment and reappointment to notaries
public, as provided by Code Section 45-17-4 ........................ 13.00
(10) Registering and filing trade names pursuant to Code
Section 10-1-490 .................................................... 8.00
(11) Issuing subpoena, signed and sealed, notwithstanding
subsection (e) of this Code section, each .......................... 1.00
(12) Preparation of record and transcript to the Supreme
Court and Court of Appeals, per page ............................... 1.50
Where a transcript of the evidence and proceedings is filed with the
clerk and does not require recopying, the clerk shall not receive
the fee herein prescribed with respect to such transcript but
shall receive, for filing and transmission of such transcript, a
fee of ............................................................. 5.00
(13) Issuing jury scrip or check, each ................................... .30
(14) For each day of service in attendance upon the courts ............... 50.00
The per diem attendance upon the courts shall be paid from the
treasury of the respective counties of this state only to clerks
who are on a fee system of compensation.
(15) For performing the duties required of them by Article 2
of Chapter 2 of Title 44, the clerks shall receive the same sums
as in civil cases.
(16) For performing the duties required of them by Article 1 of
Chapter 9A of Title 14, the "Uniform Limited Partnership Act," and
for filing statements of partnership pursuant to Code
Section 14-8-10.1, the clerks shall receive the sums as in civil
cases.
(17) Filing incorporation proceedings except for corporation for which
filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation .......................................... 20.00
(B) Articles of amendment .............................................. 20.00
(C) Restated articles .................................................. 20.00
(D) Merger ............................................................. 20.00
(E) Dissolution......................................................... 20.00
(F) Involuntary dissolution ............................................ no fee
(G) Consolidation and merger ........................................... 20.00
(H) Certificate of election to dissolve ................................ 20.00
(I) Order approving change of principal office ......................... no fee
(J) Articles of incorporation as required by Code Section 46-5-100 ..... 20.00
(h) Fees in criminal cases:
(1) Entering and docketing bills of indictment, presentments, no-bills,
accusations ...................................................... $ 3.00
(2) Issuing and mailing first notice of arraignment pursuant to Code
Section 17-7-91 .................................................... 1.00
(3) Affidavit of custodian, filing and transmittal pursuant to Code
Section 17-10-12 ................................................... 1.00
(4) Preparation and transmission of defendant's personal history and
related documents, as provided in Code Section 42-5-50 ............. 5.00
(5) Reserved.
(6) Preparation and furnishing copy of the record of appeal in criminal
cases where accused was convicted of capital felony, in accordance
with Code Section 5-6-43, per page ................................. 1.50
Clerk's certificate .................................................. 1.00
The clerk shall not receive compensation for the transcript of
evidence and proceedings.
(7) When costs are assessed by the court the minimum amount assessed as
court costs in the disposition of any criminal case in the
superior court shall be $100.00. Any surcharge provided for by law
shall be in addition to such sum.
(i) No fees shall be charged for the following:
(1) Recording discharge certificates of veterans, as provided in Code
Section 15-6-78;
(2) Recording and certifying documents in connection with admission to
practice law; and
(3) Costs associated with the filing of criminal charges by an alleged
victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2,
16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or an alleged victim
of any domestic violence offense or for the issuance or service of a
warrant, protective order, or witness subpoena arising from the violation
of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-64,
16-6-5.1, 16-6-22.1, or 16-6-22.2 or the incident of domestic violence.
(j) All laws in force in this state which provide compensation for
clerks of the superior courts for the discharge of duties not enumerated
in this Code section nor in conflict with this Code section shall remain
in full force and effect.
(k) No fees, assessments, or other charges may be assessed or collected
except as authorized in this Code section or some other general law
expressly providing for same.
(l) The clerk of superior court may provide such additional services
for which there is no fee specified by statute in connection with the
operation of the clerk's offices as may be requested by the public and
agreed to by the clerk. Any charges for such additional services shall
be as agreed to between the clerk and the party making the request.
Nothing in this subsection shall be construed to require any clerk to
provide any such service not otherwise required by law.
(m) The sheriffs of this state shall not be required to pay recording
fees for criminal bonds and writs of fieri facias issued on criminal
bond forfeitures.
(n) The clerk of superior court shall not be required to refund excess
sums tendered to the clerk as payment of costs or fees enumerated in
this Code section when such payment exceeds the amount required by this
Code section by less than $15.00.
(o) In addition to the fees required by this Code section:
(1) When any instrument that is statutorily required to be
cross-indexed, canceled, satisfied, or released or when a party requests
the clerk to cross-index an instrument that is not otherwise required by
law to be cross-indexed to any other previously recorded or affected
document, the clerk of superior court shall charge an additional fee of
$2.00 for each additional cross-indexed entry;
(2) For recording any instrument that includes a request for
cancellation, satisfaction, or release of more than one instrument as
described in division (f)(1)(A)(i) of this Code section, the filing fee
specified in division (f)(1)(A)(i) of this Code section shall be charged
for each such instrument which is to be canceled, satisfied, or
released;
(3) For recording any instrument that includes a request for
cancellation, satisfaction, or release of more than one instrument as
described in division (f)(1)(A)(ii) of this Code section, the filing fee
specified in division (f)(1)(A)(ii) of this Code section shall be charged
for each such instrument which is to be canceled, satisfied, or
released;
(4) For any instrument that includes a request for the clerk to
cross-index the instrument to a previously recorded or affected
instrument but for which cross-indexing is not otherwise required by
law, the clerk shall file, index, record, and cross-index each such
instrument for which a request has been made upon receiving payment from
the requesting party as specified by paragraph (1) of this subsection and
written information specifying accurately the instrument to be
cross-indexed;
(5) With respect to any instrument that includes a request for
cancellation, satisfaction, or release of any instrument described in
division (f)(1)(A)(i) or (f)(1)(A)(ii) of this Code section, the clerk
shall file, index, and record the cancellation of each such instrument
identified and requested to be canceled provided that the requesting
party pays the filing fee specified by paragraph (2) or (3) of this
subsection, as applicable, and that such instrument accurately identifies
the recording information for such instrument to be canceled, satisfied,
or released; and
(6) For the purposes of this subsection and any other Code section
requiring the clerk of superior court to cross-index, cross-reference, or
make any other notation affecting any instrument filed in the clerk's
office, including, but not limited to, real estate, personal property,
liens, plats, and any other instruments, the clerk shall be authorized to
make such entry or notation through electronic or automated means in lieu
of entering such information manually in paper books or dockets.