Domesticating Florida Judgments in Georgia, Part I

Due to the transient nature of individuals in today’s society, attorneys are frequently being employed to collect judgments that were obtained elsewhere.  This is especially true for multi-licensed attorneys who practice in a state in close proximity to the state line of another.  For the purposes of this discussion, I will analyze the procedural steps necessary to enforce a Florida Judgment in Georgia, and explain the difference in enforcing a foreign judgment under the Uniform Enforcement of Foreign Judgments Law and through domestication.

On July 1, 1986, the Uniform Enforcement of Foreign Judgments Law became effective in Georgia. This law is summary in nature, and its’ purpose is to expedite the recognition and enforcement of foreign judgments. The Uniform Enforcement of Foreign Judgments Law   permits the recording and enforcement of a foreign judgment in the courts of Georgia, provided that the state from which the judgment originates has adopted a similar law.  Florida has adopted Florida’s Uniform Enforcement of Foreign Judgments Act (UEFJA), thereby making Florida judgments enforceable under the Uniform Enforcement of Foreign Judgments Law in Georgia.  To domesticate a foreign judgment in Georgia, it is necessary to file an exemplified copy of the foreign judgment together with an affidavit showing the name and last known address of the debtor and pay the required fee as set forth in O.C.G.A. § 15-6-77.  The practitioner must avoid confusing an “authenticated” copy with a “certified” copy of a judgment.  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 is subject to the same procedure, defenses and proceedings for reopening, vacating, staying, enforcing or satisfying judgment of the court in which it is filed and may be enforced or satisfied in like manner. As a result, a judgment which is recorded under the Uniform Enforcement of Foreign Judgments Law may be set aside due to a lack of personal jurisdiction by filing a motion to set aside the judgment.  Therefore, a foreign judgment is subject to attack in the same manner as a Georgia judgment.

The full faith and credit clause of the Constitution would require a Georgia court to enforce a foreign judgment, unless the debtor is able to establish a lack of jurisdiction over his person or the subject matter. There is a presumption of jurisdiction by the foreign court, when the properly authenticated foreign judgment is filed, but if the foreign judgment shows on its face that it was entered against a non-resident, this presumption fails and a collateral attack on jurisdiction is allowed.  When this occurs, it is the creditor’s 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 proceed on a foreign judgment from a state which does not have a similar law, an action should be filed in the county in which the defendant resides for the purpose of domesticating the judgment.  It is essential that the foreign judgment be ultimately admitted into evidence by the Georgia court in order to obtain full faith and credit in Georgia.  This can be accomplished by attaching to your complaint for domestication, an authenticated copy of the foreign judgment.   It is imperative that the practitioner be aware of the statute of limitations with regard to the enforcement of foreign judgments.  Under O.C.G.A. § 9-3-20, all actions on foreign judgments, except judgments for child support of spousal support, or both, must be brought within five years after such judgment was obtained.  This code section and the statute of limitations it imposes, however, are not applicable to filings under the Uniform Enforcement of Foreign Judgments Law.  When foreign judgments are filed in Georgia under the Uniform Enforcement of Foreign Judgments Law, a ten-year statute of limitations is applicable, which begins running when judgment is originally rendered in the foreign state, not when the foreign judgment is filed.

Please check back for my next article analyzing why a litigant should domesticate their judgments and what domesticating a foreign judgment enables you to do, both in Georgia and Florida.