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§ 9-12-114.Recognition of personal jurisdiction

Chapter 12. Verdict and Judgment · Article 5. Uniform Foreign-Country Money Judgments Recognition Act · Last amended 2015 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-12-114 lists six circumstances — personal service abroad, a qualifying voluntary appearance, a pre-dispute jurisdiction agreement, foreign domicile or business organization, a business office tied to the claim, or operating a vehicle or airplane there in connection with the claim — under which a foreign-country judgment cannot be refused recognition for lack of personal jurisdiction, while leaving courts free to recognize other jurisdictional bases as well.

Full Text of § 9-12-114

Text sizeJump to: (a) (b)

(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if:
(1) The defendant was served personally in the foreign country;
(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 the defendant;
(3) Prior to the commencement of the proceedings, the defendant had agreed to submit to the jurisdiction of the foreign court, with respect to the subject matter involved;
(4) The defendant was domiciled in the foreign country when the proceedings were instituted or was a corporation or other form of business organization that had its principal place of business in or was organized under the laws of the foreign country;
(5) The defendant had a business office in the foreign country 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 country; or
(6) The defendant operated a motor vehicle or airplane in the foreign country 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 other than those listed in subsection (a) of this Code section.

Plain-English Summary

The preceding Code section lists lack of personal jurisdiction as one of the grounds on which a Georgia court must refuse recognition. This section works alongside that ground by defining circumstances in which that particular objection is off the table entirely. Under subsection (a), a foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of six listed circumstances is present.

The six bases group naturally. Three turn on the defendant's own conduct or agreement: being personally served within the foreign country, voluntarily appearing in the proceedings for reasons other than protecting seized property or contesting jurisdiction, or having agreed before the case began to submit to the foreign court's jurisdiction over the subject matter. Two turn on the defendant's presence there: being domiciled in the foreign country, or being a corporation or other business organization with its principal place of business in, or organized under the laws of, the foreign country; or having a business office there tied to the cause of action. The last turns on a specific act: operating a motor vehicle or airplane in the foreign country in a way that gave rise to the cause of action.

Subsection (b) makes clear this list is a floor, not a ceiling. Georgia courts may recognize other bases of personal jurisdiction beyond the six listed here, meaning a debtor cannot argue that falling outside all six automatically defeats jurisdiction — a court remains free to find that personal jurisdiction existed on some other ground.

Frequently Asked Questions

What does this Code section do when one of its listed bases for personal jurisdiction is present?

It bars a Georgia court from refusing recognition of the foreign-country judgment on the ground that the foreign court lacked personal jurisdiction, once one of the six listed circumstances is shown.

Does personally serving the defendant within the foreign country satisfy this section?

Yes. Personal service on the defendant in the foreign country is the first of the six listed bases.

What kind of prior agreement by the defendant can establish personal jurisdiction under this section?

An agreement, made before the proceedings began, in which the defendant agreed to submit to the foreign court's jurisdiction with respect to the subject matter involved.

Can a business entity be treated as within the foreign court's jurisdiction based on where it is organized or headquartered?

Yes. Subsection (a) lists being domiciled in the foreign country, or being organized under its laws or having a principal place of business there, as one of the six bases.

Is the list of six bases in subsection (a) the only way a Georgia court can find personal jurisdiction existed?

No. Subsection (b) allows Georgia courts to recognize other bases of personal jurisdiction beyond the six listed ones.

Amendment History

Ga. L. 1975, p. 479, § 5; Code 1981, § 9-12-114, as redesignated by Ga. L. 2015, p. 996, § 2-1/SB 65.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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