§ 9-12-115.Procedure for recognition
Chapter 12. Verdict and Judgment · Article 5. Uniform Foreign-Country Money Judgments Recognition Act · Last amended 2015 · Last verified July 17, 2026
Full Text of § 9-12-115
Plain-English Summary
Subsection (a) covers the case where recognition is sought as an original matter, apart from any other litigation: the issue is raised by filing an action seeking recognition of the foreign-country judgment. This route fits a judgment creditor who has nothing else pending in Georgia and wants a Georgia judgment recognizing, and thereby making enforceable, the money judgment already obtained abroad.
Subsection (b) covers the case where recognition comes up inside a case that is already pending — the issue may be raised by counterclaim, cross-claim, or third-party claim. That route fits a party who, for example, has been sued in Georgia and wants to assert a foreign-country judgment as an offset or as the basis for affirmative relief within that same lawsuit, rather than starting a separate action.
Subsection (c) folds both routes into Georgia's ordinary civil procedure: Chapter 11 of this title — the Georgia Civil Practice Act — applies to any claim, counterclaim, cross-claim, or third-party claim for recognition of a foreign-country judgment. Recognition proceedings are not handled through a separate summary process; they follow the same pleading, service, and litigation rules that govern Georgia civil cases generally.
Frequently Asked Questions
What are the two procedural routes for seeking recognition of a foreign-country judgment under this section?
Filing a stand-alone action seeking recognition, under subsection (a), or raising the issue within a pending action, under subsection (b).
Can recognition be raised as a counterclaim in a case someone else filed?
Yes. Subsection (b) allows recognition to be raised by counterclaim when it comes up within a pending action.
Can recognition also be raised as a cross-claim or third-party claim?
Yes. Subsection (b) lists cross-claim and third-party claim alongside counterclaim as available ways to raise recognition within a pending action.
What body of procedural rules governs a claim for recognition under this section?
Chapter 11 of Title 9, the Georgia Civil Practice Act, applies to any claim, counterclaim, cross-claim, or third-party claim seeking recognition of a foreign-country judgment.
Does a party need to wait for another lawsuit before seeking recognition of a foreign-country judgment?
No. Subsection (a) allows recognition to be sought as an original matter by filing an action for that purpose, without needing an existing lawsuit to attach it to.
Amendment History
Code 1981, § 9-12-115, enacted by Ga. L. 2015, p. 996, § 2-1/SB 65.