1. Attorneys often need to collect judgments obtained in other states due to the transient nature of individuals in today’s society.
2. Multi-licensed attorneys practicing in states near the state line of another frequently encounter this issue.
3. The Uniform Enforcement of Foreign Judgments Law, effective in Georgia since July 1, 1986, expedites the recognition and enforcement of foreign judgments in the state.
4. The law permits the recording and enforcement of a foreign judgment in Georgia if the state from which the judgment originates has a similar law.
5. Florida has adopted Florida’s Uniform Enforcement of Foreign Judgments Act, making Florida judgments enforceable under the Uniform Enforcement of Foreign Judgments Law in Georgia.
6. To domesticate a foreign judgment in Georgia, it is necessary to file an exemplified copy of the foreign judgment, an affidavit showing the name and last known address of the debtor, and pay the required fee.
7. It is important to differentiate between an “authenticated” copy and a “certified” copy of a judgment when domesticating a foreign judgment in Georgia. An authenticated judgment consists of a certification of judgment, attestation by the clerk of the issuing court with the seal of that court (if one exists), and certification from a judge of the issuing court that the attestation is proper in form. – A foreign judgment filed under the Uniform Enforcement of Foreign Judgments Law has the same effect and procedures as a Georgia judgment.
– A foreign judgment may be set aside due to a lack of personal jurisdiction by filing a motion to set aside the judgment.
– The full faith and credit clause of the Constitution requires a Georgia court to enforce a foreign judgment, unless the debtor can establish a lack of jurisdiction over their person or the subject matter.
– There is a presumption of jurisdiction by the foreign court, but if the foreign judgment shows it was entered against a non-resident, a collateral attack on jurisdiction is allowed.
– The creditor has the responsibility to prove the law of the original forum; without this proof, it will be presumed that Georgia law pertaining to service and jurisdiction will apply. – In order to domesticate a foreign judgment in Georgia, an action must be filed in the county where the defendant resides.
– A copy of the foreign judgment must be attached to the complaint for domestication, and it must be authenticated.
– The statute of limitations for enforcing foreign judgments in Georgia is five years, except for judgments for child or spousal support, which have no time limit.
– The Uniform Enforcement of Foreign Judgments Law allows for a ten-year statute of limitations for filing foreign judgments in Georgia.
https://www.jimersonfirm.com/blog/2010/12/domesticating-florida-judgments-in-georgia-1/
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