Title 9 — Civil Practice

The verdict shall cover the issues made by the pleadings and shall be for the plaintiff or for the defendant. (Orig. Code 1863, § 3479; Code 1868, § 3501; Code 1873, § 3559; Code 1882, § 3559; Civil Code 1895, § 5329; Civil Code 1910, § 5924; Code 1933, § 110-101.)

In all cases where judgment is obtained, the judgment shall be entered for the principal sum due, with interest, provided the claim upon which it was obtained draws interest. No part of the judgment shall bear interest except the principal which is due on the original debt. (Laws…

In all judgments against sureties or endorsers on any draft, promissory note, or other instrument in writing, the plaintiff or his attorney shall designate and identify the relation of the parties under the contract on which the judgment is rendered. (Laws 1845, Cobb’s 1851 Diges…

This article shall be known and may be cited as the ‘‘Uniform Foreign-Country Money Judgments Recognition Act.’’ (Ga. L. 1975, p. 479, § 8; Ga. L. 2015, p. 996, § 2-1/SB 65.) The 2015 amendment, effective July 1, 2015, inserted ‘‘shall be known and’’ and substituted ‘‘Uniform For…

As used in this article, the term: (1) ‘‘Foreign country’’ means a government other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this sta…

(a) Except as otherwise provided in subsection (b) of this Code section, this article applies to any foreign-country judgment to the extent that such judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, …

(a) Except as otherwise provided in subsection (b) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112. (b) A court of this state shall not recognize a foreign-country judgment if: (1) The judgme…

(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…

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of such foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the…

If the court in a proceeding under Code Section 9-12-115 finds that the foreign-country judgment is entitled to recognition under this article then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) C…

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay the proceedings with regard to the foreign-country judgment until the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and…

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the ‘‘Uniform Foreign-Country Money Judgments Recognition Act.’’ (Code 1981, § 9-12-118, enacted by Ga. L.…

This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article. (Ga. L. 1975, p. 479, § 7; Code 1981, § 9-12-119, as redesignated by Ga. L. 2015, p. 996, § 2-1/SB 65.) The 2015 amendment, ef…

When the verdict of a jury is against an executor, administrator, or other trustee in his representative character, a judgment for costs shall be entered against him in the same character. (Orig. Code 1863, § 3493; Code 1868, § 3516; 1873, § 3574; Code 1882, § 3574; Civil Code 18…

All judgments entered against the obligors on any bond, whether official or voluntary, shall be for the amount of damages found by the verdict of the jury and not for the penalty thereof. (Laws 1847, Cobb’s 1851 Digest, p. 502; Code 1863, § 3494; Code 1868, § 3517; Code 1873, § 3…

9-12-131. ‘‘Foreign judgment’’ defined. 9-12-132. Filing of judgment; force and effect following filing. 9-12-133. Filing of foreign judgment; notice to judgment debtor; Code Section 9-11-4 inapplicable to article. 9-12-134. Appeal or stay of foreign judgment; security for satisf…

A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment o…

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution 176 9-12-134 has been granted and proves that the judgment debtor has furnished the security for the satisfaction of the judgment required b…

A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law. (Code 1981, § 9-12-135, enacted by Ga. L. 1986, …

The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this article. (Code 1981, § 9-12-136, enacted by Ga. L. 1986, p. 380, § 1.)

This article shall be interpreted and construed to achieve its general purposes to make the law of those states which enact it uniform. (Code 1981, § 9-12-137, enacted by Ga. L. 1986, p. 380, § 1.) 9-12-138. Judgments to which article applies.

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. (Code 1981, § 9-12-138, enacted by Ga. L. 1986, p. 380, § 1.) 178 T.9, C.13 EXECUTI…

A judgment may be amended by order of the court to conform to the verdict upon which it is predicated, even after an execution issues. (Orig. Code 1863, § 3424; Code 1868, § 3444; Code 1873, § 3494; Code 1882, § 3494; Civil Code 1895, § 5113; Ga. L. 1902, p. 55, § 1; Civil Code 1…

A judgment may not be set aside for any defect in the pleadings or the record that is aided by verdict or amendable as a matter of form. (Orig. Code 1863, § 3509; Code 1868, § 3532; Code 1873, § 3590; Code 1882, § 3590; Civil Code 1895, § 5365; Civil Code 1910, § 5960; Code 1933,…

The judgment of a court having no jurisdiction of the person or the subject matter or which is void for any other cause is a mere nullity and may be so held in any court when it becomes material to the interest of the parties to consider it. (Orig. Code 1863, § 3513; Code 1868, §…

Creditors or bona fide purchasers may attack a judgment for any defect appearing on the face of the record or the pleadings or for fraud or collusion, whenever and wherever it interferes with their rights, either at law or in equity. (Orig. Code 1863, § 3515; Code 1868, § 3538; C…

Where a judgment is entered and, within the time allowed for entering an appeal, an appeal is entered, the judgment shall be suspended. (Orig. Code 1863, § 3488; Code 1868, § 3511; Code 1873, § 3569; Code 1882, § 3569; Civil Code 1895, § 5340; Civil Code 1910, § 5935; Code 1933, …

In the trial of all civil cases, the judge upon request of the jury shall furnish the jury with written instructions as to the form of their verdict. (Orig. Code 1863, § 3480; Code 1868, § 3502; Code 1873, § 3560; Ga. L. 1880-81, p. 115, § 1; Code 1882, § 3560; Civil Code 1895, §…

In all cases of appeal where security has been given, the plaintiff or his attorney may enter judgment against the principal and his surety 60 9-12-21 jointly and severally. (Laws 1826, Cobb’s 1851 Digest, p. 498; Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882…

A person in whose favor a judgment has been entered or a person to whom a judgment has been transferred may bona fide and for a valuable consideration transfer any judgment to a third person. In all such cases the transferee of any judgment shall have the same rights and shall be…

The transfer of a judgment by the attorney of record of the person in whose favor the judgment was entered shall be good to pass the title thereto as against every person except the person in whose favor judgment was entered or his assignee without notice. Ratification by the pla…

The consent of the parties to a judgment has the effect of removing any issuable defenses previously filed. After such a consent the court may render judgment without the verdict of a jury. (Code 1981, § 9-12-23, enacted by Ga. L. 1982, p. 1262, § 1.)

Verdicts shall be received only in open court in the absence of agreement of the parties. (Orig. Code 1863, § 3486; Code 1868, § 3509; Code 1873, § 3567; Code 1882, § 3567; Civil Code 1895, § 5336; Civil Code 1910, § 5931; Code 1933, § 110-107.)

Verdicts shall have a reasonable intendment and shall receive a reasonable construction. They shall not be avoided unless from necessity. (Orig. Code 1863, § 3481; Code 1868, § 3503; Code 1873, § 3561; Code 1882, § 3561; Civil Code 1895, § 5332; Civil Code 1910, § 5927; Code 1933…

KR Snellville, LLC, 280 Ga. App. 613, 634 S.E.2d 406 (2006). Dismissal of a complaint for want of prosecution was not an adjudication on the merits; thus, collateral estoppel and res judicata did not bar a subsequent complaint. Valdez v. R. Constr., Inc., 285 Ga. App. 373, 646 S.…

A judgment in rem is conclusive upon everyone. (Orig. Code 1863, § 3750; Code 1868, § 3774; Code 1873, § 3827; Code 1882, § 3827; Civil Code 1895, § 5372; Civil Code 1910, § 5967; Code 1933, § 110-502.)

Instructions on form of verdict. How verdict received. Construction of verdicts. Verdict may be molded. Amendment of verdict — To conform to pleadings. Amendment of verdict — After dispersal of jury. Amendment of verdict — When part illegal. Judgment to conform to verdict. Judgme…

Parol evidence shall be admissible to show that a matter apparently covered by a judgment was not really passed upon by the court. (Orig. Code 1863, § 2839; Code 1868, § 2847; Code 1873, § 2898; Code 1882, § 2898; Civil Code 1895, § 3743; Civil Code 1910, § 4337; Code 1933, § 3-6…

Cloud, 294 Ga. 415, 754 S.E.2d 70 (2014). Sale of railroad property under execution. — While all the property of a railroad company was subject to be applied to payment of its just debts, and may be sold for that purpose under a judgment at law, the judgment and the execution fou…

A verdict may be so amended as to make it conform to the pleadings if the error plainly appears upon the face of the record. (Orig. Code 1863, § 3421; Code 1868, § 3441; Code 1873, § 3491; Code 1882, § 3491; Civil Code 1895, § 5110; Civil Code 1910, § 5694; Code 1933, § 110-110.)

Scire facias to revive a judgment is not an original action but is the continuation of the action in which the judgment was obtained. (Orig. Code 1863, § 3524; Code 1868, § 3547; Code 1873, § 3606; Code 1882, § 3606; Civil Code 1895, § 5380; Civil Code 1910, § 5975; Code 1933, § …

A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall …

When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee. (Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979…

An action to renew a dormant judgment shall be brought in the county where the defendant in judgment resides at the commencement of the action. (Orig. Code 1863, § 3523; Code 1868, § 3546; Code 1873, § 3605; Code 1882, § 3605; Civil Code 1895, § 5379; Civil Code 1910, § 5974; Cod…

Decrees for the payment of money shall become dormant like other judgments when not enforced and may be revived as provided by law for other judgments. (Orig. Code 1863, § 4128; Code 1868, § 4160; Code 1873, § 4219; Code 1882, § 4219; Civil Code 1895, § 4861; Civil Code 1910, § 5…

A verdict may be amended in mere matter of form after the jury has dispersed. However, after a verdict has been received and recorded and the jury has dispersed, it may not be amended in matter of substance either by what the jurors say they intended to find or otherwise. (Orig. …

If a part of a verdict is legal and a part illegal, the court will construe the verdict and order it amended by entering a remittitur as to that part which is illegal and giving judgment for the balance. (Orig. Code 1863, § 3423; Code 1868, § 3443; Code 1873, § 3493; Code 1882, §…

All judgments obtained in the superior courts, magistrate courts, or other courts of this state shall be of equal dignity and shall bind all the property of the defendant in judgment, both real and personal, from the date of such judgments except as otherwise provided in this Cod…

(a) For purposes of this Code section, the term ‘‘applicable records’’ shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets. (b) No judgment, decree, or order or any writ of fieri facias issued pursuant to any …

(a) All judgments signed on verdicts rendered at the same term of court shall be considered, held, and taken to be of equal date. (b) In the case of judgments signed on verdicts rendered at the same term of the court, no execution shall be entitled to any preference by reason of …