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§ 9-12-138.Judgments to which article applies

Chapter 12. Verdict and Judgment · Article 6. Enforcement of Foreign Judgments · Last amended 1986 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-12-138 limits Article 6’s filing procedure to foreign judgments of states that have adopted the Uniform Enforcement of Foreign Judgments Act in substantially the same form Georgia did, rather than extending the shortcut to every judgment that would otherwise fit the definition in Code Section 9-12-131.

Full Text of § 9-12-138

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This article shall apply to foreign judgments of other states only if those states have adopted the “Uniform Enforcement of Foreign Judgments Act” in substantially the same form as this article.

Plain-English Summary

Code Section 9-12-131 defines “foreign judgment” broadly — any judgment, decree, or order entitled to full faith and credit in Georgia. Read alone, that definition would let a creditor use Article 6’s filing shortcut for a judgment from any court whose rulings Georgia must respect. This section narrows that reach for the filing procedure itself: Article 6 applies to foreign judgments of other states only when the rendering state has adopted its own version of the Uniform Enforcement of Foreign Judgments Act, in substantially the same form Georgia adopted here.

The limitation works as a condition on reciprocity rather than a loophole for debtors. The uniform act functions because participating states agreed to treat each other’s filed judgments the same way; a state that never adopted a matching version has not made that commitment, and extending Georgia’s fast-lane filing procedure to that state’s judgments one-sidedly would give up the reciprocal bargain the act depends on.

Narrowing the filing procedure this way does not strand a creditor holding a judgment from a non-adopting jurisdiction. That creditor still has the older path available: a fresh lawsuit suing on the judgment as its own debt, an option Code Section 9-12-136 keeps open regardless of where the judgment came from. This section only decides which judgments qualify for the streamlined filing route, not which judgments Georgia will ultimately enforce.

Frequently Asked Questions

Does every judgment fitting the definition in Code Section 9-12-131 automatically qualify for Article 6’s filing procedure?

No. This section adds a further condition: the state where the judgment was rendered must have adopted a substantially similar version of the Uniform Enforcement of Foreign Judgments Act.

What happens if the rendering state has not adopted the uniform act?

The judgment does not qualify for this article’s filing shortcut, but the creditor can still sue on it as an ordinary civil action under Code Section 9-12-136.

Must the rendering state’s version of the act be identical to Georgia’s?

No. The statute requires only that the other state adopted the act in substantially the same form, not word-for-word identical text.

Does this reciprocity condition apply to federal court judgments?

The section’s text speaks only to foreign judgments “of other states,” without addressing federal court judgments one way or the other, so how the reciprocity condition interacts with a federal judgment is a question the statute leaves open.

Who decides whether another state’s act counts as “substantially the same form” as Georgia’s?

The Georgia court in which the judgment is filed resolves that question if a party disputes it.

Amendment History

Code 1981, § 9-12-138, enacted by Ga. L. 1986, p. 380, § 1.

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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