GA Code § 9-13-70 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 4 - Satisfaction or Discharge of Judgment and Execution|§ 9-13-70. Suspension of Execution for 60 Days Pending Payment; Bond

  In all cases in which a verdict or judgment is rendered, the party against whom the same is entered may, either in open court or in the clerk's office, within four days after the adjournment of court, enter into bond with good and sufficient security for the payment of the verdict or judgment and costs within 60 days.   When bond and security have been given as provided in this Code section, the verdict and judgment, or the execution thereon, shall be suspended for the 60 days. If the party fails to pay the verdict or judgment within that time, execution shall issue against the party and his security without further proceedings thereon.    (Laws 1799, Cobb's 1851 Digest, p. 494; Code 1863, §§ 3588, 3589; Code 1868, §§ 3611, 3612; Code 1873, §§ 3661, 3662; Code 1882, §§ 3661, 3662; Civil Code 1895, §§ 5439, 5440; Civil Code 1910, §§ 6044, 6045; Code 1933, §§ 39-501, 39-502.)   Law reviews.   - For note discussing legal and equitable relief from execution available to debtors, see 12 Ga. L. Rev. 814 (1978).   JUDICIAL DECISIONS    Purpose of this section is to place upon the security of a stay bond the whole liability theretofore resting upon the defendant in fi. fa., and to suspend execution. Walker v. Lott-Lewis Co., 15 Ga. App. 767, 84 S.E. 195 (1915).    Giving of stay bond is recognition of validity of judgment, and amounted to a waiver of want of jurisdiction as to the person. Glennville Bank v. Deal, 146 Ga. 127, 90 S.E. 958 (1916).    Stay bond binds property of security from date of bond's execution. Hayden v. Anderson, 57 Ga. 378 (1876); Gwyer v. Kennedy, 61 Ga. 255 (1878).    Surety on stay bond is not discharged because bond was not given within time prescribed. Walker v. Lott-Lewis Co., 15 Ga. App. 767, 84 S.E. 195 (1915).   Effect of bankruptcy on execution.    - Bankrupt discharged after judgment against the bankrupt in an action brought while the bankruptcy proceedings were pending is entitled to a perpetual stay of the execution on the judgment. If the discharge of the bankrupt had been granted before the judgment was rendered, the ruling would be otherwise. Strickland v. Brown, 19 Ga. App. 73, 90 S.E. 1039 (1916).    If judgment is entered before discharge in bankruptcy, the discharge may be availed of as a bar to further proceedings on the judgment. Wofford Oil Co. v. Womack, 46 Ga. App. 246, 167 S.E. 331 (1933).    After discharge, a bankrupt is entitled to a perpetual stay of the execution on the judgment, although the bankrupt did not, before the rendition of the judgment, ask for a stay of the proceedings in the state court. Wofford Oil Co. v. Womack, 46 Ga. App. 246, 167 S.E. 331 (1933).   Judgment debtor entitled to stay of execution pending bankruptcy proceedings.    - Since it did not appear from the petition of the defendants that a discharge in bankruptcy had been applied for, but it affirmatively appeared that the time for making such application had not expired, and because the defendants would have been entitled, on receiving the defendants' discharge in bankruptcy, to plead the bankruptcy by petition in the court in which the judgment was rendered for the purpose of obtaining a perpetual stay of the execution issued against the defendants on the debts sued on, which it appears were dischargeable in bankruptcy, the defendants were entitled, pending the defendants' application for discharge, to have further proceedings to enforce the judgment against the defendants stayed at least until the expiration of the time fixed by the statute, or until, during such time, the matter of the defendants' discharge could be determined by the bankruptcy court. Wofford Oil Co. v. Womack, 46 Ga. App. 246, 167 S.E. 331 (1933).   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 301 et seq.   9A Am. Jur. Pleading and Practice Forms, Executions, § 170.   C.J.S.   - 33 C.J.S., Executions, § 247 et seq.   ALR.   - Effect of supersedeas or stay on antecedent levy, 90 A.L.R.2d 483.