reglab/housing_qa huggingface dataset:
GA Code § 18-2-58 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 3 - Preferences and Assignments for Benefit of Creditors|§ 18-2-58. Judgment Not Required Before Action Against Assignor or Assignee

 No creditor shall be required to reduce his debt to judgment before asking equitable relief in any action against the assignor or assignee, or both.   (Ga. L. 1894, p. 90, § 16; Civil Code 1895, § 2713; Civil Code 1910, § 3246; Code 1933, § 28-317.)   RESEARCH REFERENCES   C.J.S.   - 37 C.J.S., Fraudulent Conveyances, § 170 et seq.   ALR.    - Death of principal defendant as abating or dissolving garnishment or attachment, 21 A.L.R. 272; 131 A.L.R. 1146.    Right of creditors in respect of property gratuitously conveyed or transferred to a third person for alleged benefit of debtor, 147 A.L.R. 1160.
GA Code § 18-2-59 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 3 - Preferences and Assignments for Benefit of Creditors|§ 18-2-59. Appointment of New Assignees Upon Death or Removal From Jurisdiction of Courts of State of Sole or Surviving Assignee

 In all cases of assignments for the benefit of creditors, where the sole or surviving assignee has died or moved beyond the jurisdiction of the courts of the state, the superior courts of this state shall have full power and authority, upon the petition of two or more of the parties interested in such assignment and on such notice as the court shall direct, in a summary manner, to appoint a new assignee or assignees in the place of the deceased or nonresident assignee; and the new assignee shall have all the authority and responsibilities of the deceased or nonresident assignee; and all laws or enactments shall be as applicable and in as full force in respect to the new as to the old assignee; and the court may in its discretion require a bond and security of such assignee.   (Ga. L. 1861, p. 32, § 1; Code 1868, § 2296; Code 1873, § 2322; Code 1882, § 2322; Civil Code 1895, § 3166; Civil Code 1910, § 3746; Code 1933, § 28-320.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Assignments for Benefit of Creditors, § 86.   C.J.S.   - 21 C.J.S., Creditor and Debtor, § 43 et seq.   ALR.    - Death of principal defendant as abating or dissolving garnishment or attachment, 21 A.L.R. 272; 131 A.L.R. 1146.    Jurisdiction to garnish debt as affected by previous assignment by principal defendant to a nonresident served constructively, 39 A.L.R. 1465.
GA Code § 18-2-72 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-72. Determining Insolvency

  A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.   A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.   Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.   Debts under this Code section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.     (Code 1981, §18-2-72, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 37 Am. Jur. 2d, Fraudulent Conveyances and Transfers, § 18 et seq.   C.J.S.   - 37 C.J.S., Fraudulent Conveyances, § 63 et seq.
GA Code § 18-2-73 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-73. Value Given for Transfer

  Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.   For the purposes of paragraph (2) of subsection (a) of Code Section 18-2-74 and Code Section 18-2-75, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.   A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.     (Code 1981, §18-2-73, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 37 Am. Jur. 2d, Fraudulent Conveyances and Transfers, § 25 et seq.   C.J.S.   - 37 C.J.S., Fraudulent Conveyances, § 78 et seq.
GA Code § 18-2-75 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-75. Transfer or Obligation Voidable if Incurred Without Receiving Reasonably Equivalent Value

  A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.   A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.   If a creditor is a successor or assignee, a right of action under subsection (a) or (b) of this Code section is automatically assigned to such successor or assignee.   Subject to subsection (b) of Code Section 18-2-72, a creditor making a claim for relief under subsection (a) or (b) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.     (Code 1981, §18-2-75, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.)
GA Code § 18-2-76 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-76. When Transfer Made

 For the purposes of this article:    A transfer is made:   With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and   With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;     If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action;   If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this Code section, the transfer is made when it becomes effective between the debtor and the transferee;   A transfer is not made until the debtor has acquired rights in the asset transferred; and   An obligation is incurred:   If oral, when it becomes effective between the parties; or   If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.       (Code 1981, §18-2-76, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.)
GA Code § 18-2-79 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-79. Time for Commencement of Action

 A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:    Under paragraph (1) of subsection (a) of Code Section 18-2-74, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;   Under paragraph (2) of subsection (a) of Code Section 18-2-74 or subsection (a) of Code Section 18-2-75, within four years after the transfer was made or the obligation was incurred; or   Under subsection (b) of Code Section 18-2-75, within one year after the transfer was made or the obligation was incurred.     (Code 1981, §18-2-79, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 37 Am. Jur. 2d, Fraudulent Conveyances and Transfers, § 152 et seq.   C.J.S.   - 37 C.J.S., Fraudulent Conveyances, § 123 et seq.
GA Code § 18-2-80 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-80. Venue

  In this Code section, the following rules determine a debtor's location:   A debtor who is an individual is located at the individual's principal residence;   A debtor that is an organization and has only one place of business is located at its place of business; and   A debtor that is an organization and has more than one place of business is located at its chief executive office.     A cause of action in the nature of a claim for relief under this article is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.     (Code 1981, §18-2-80, enacted by Ga. L. 2015, p. 996, § 4A-1/SB 65.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 37 Am. Jur. 2d, Fraudulent Conveyances and Transfers, § 126 et seq.
GA Code § 18-2-81 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-81. Series Organization and Determinations

  As used in this Code section, the term:   "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection.   "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics:   The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series;   Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or   Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.       A series organization and each protected series of the organization is a separate person for purposes of this article, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.     (Code 1981, §18-2-81, enacted by Ga. L. 2015, p. 996, § 4A-1/SB 65.)
GA Code § 18-2-82 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-82. Applicability of Principles of Law and Equity

 Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.    (Code 1981, §18-2-80, enacted by Ga. L. 2002, p. 141, § 3; Code 1981, §18-2-82, as redesignated by Ga. L. 2015, p. 996, § 4A-1/SB 65.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 37 Am. Jur. 2d, Fraudulent Conveyances and Transfers, § 152 et seq.   C.J.S.   - 37 C.J.S., Fraudulent Conveyances, § 170 et seq.
GA Code § 18-2-83 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-83. Uniformity With Laws of Other States

 This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting the "Uniform Voidable Transactions Act."    (Code 1981, §18-2-83, enacted by Ga. L. 2015, p. 996, § 4A-1/SB 65.)
GA Code § 18-2-84 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-84. Construction With Federal Provisions

 This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).    (Code 1981, §18-2-84, enacted by Ga. L. 2015, p. 996, § 4A-1/SB 65.)
GA Code § 18-2-85 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 2 - Debtor and Creditor Relations|Article 4 - Uniform Voidable Transactions Act|§ 18-2-85. Transfers to Charitable Organizations; Statute of Limitations

  As used in this Code section, the term:   "Charitable organization" means an organization which has qualified as tax-exempt under Section 501(c) (3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.   "Private foundation" shall have the same meaning as set forth in 26 U.S.C. Section 509(a).     A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75, and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.   The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.     (Code 1981, §18-2-81, enacted by Ga. L. 2013, p. 1045, § 1/SB 105; Code 1981, §18-2-85, as redesignated by Ga. L. 2015, p. 996, § 4A-1/SB 65.)
GA Code § 18-3-1 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-1. Grounds for Attachment

 Attachments may issue when the debtor:    Resides out of the state;   Moves or is about to move his domicile outside the limits of the county;   Absconds;   Conceals himself;   Resists legal arrest; or   Is causing his property to be removed beyond the limits of the state.    (Laws 1799, Cobb's 1851 Digest, p. 69; Ga. L. 1855-56, p. 25, § 1; Code 1863, § 3188; Code 1868, § 3199; Code 1873, § 3264; Code 1882, § 3264; Civil Code 1895, § 4510; Civil Code 1910, § 5055; Code 1933, § 8-101.)   Law reviews.   - For note discussing notice and judicial supervision in postjudgment garnishment in Georgia, see 26 Emory L.J. 597 (1977). For comment on Reeves v. Motor Contract Co., 324 F. Supp. 1011 (N.D. Ga. 1971), see 23 Mercer L. Rev. 369 (1972).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Nonresident Debtors   Removal of Domicile   Debtor's Concealment   Removal of Property    RESEARCH REFERENCES   2B Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, § 91. 2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, §§ 340, 494.   ALR.    - What constitutes nonresidence for purpose of attachment, 26 A.L.R. 180.    Action based on statute as one in which attachment will lie, 26 A.L.R. 563; 51 A.L.R. 1386.    Right of creditor to attach bankrupt's exempt property after discharge in bankruptcy, 55 A.L.R. 303.    Nature and extent of relief of successful intervenor or interpleader in attachment, 66 A.L.R. 908.    Property of incompetent or infant under guardianship as subject of execution, attachment, or garnishment, 92 A.L.R. 919.    Debtor's intent to defraud or delay creditors within contemplation of attachment statute as inferable as matter of law from fact that he has removed or is about to remove property from the state without making adequate provision for his creditors, 92 A.L.R. 966.    Foreign corporation as a nonresident for purposes of attachment law of the state in which it is doing business or is domesticated, 114 A.L.R. 1378.    Attachment as affected by release or modification of lien to which property was subject when attachment was levied, 128 A.L.R. 1392.    Right of creditors to reach, by garnishment or other process, commissions of debtor, as executor, administrator, or trustee, 143 A.L.R. 190.    Money or other property taken from prisoner as subject of attachment, garnishment, or seizure under execution, 154 A.L.R. 758.   Foreign attachment or garnishment as available in action by nonresident against nonresident or foreign corporation upon a foreign cause of action, 14 A.L.R.2d 420.   Joint bank account as subject to attachment, garnishment, or execution by creditor of one joint depositor, 86 A.L.R.5th 527.
GA Code § 18-3-2 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-2. Right to Seek Attachment on Money Demands Generally

 In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to seek attachment when the defendant places himself in such situation as will authorize a plaintiff to seek attachment.   (Ga. L. 1857, p. 23, § 1; Code 1863, § 3199; Code 1868, § 3210; Code 1873, § 3278; Code 1882, § 3278; Civil Code 1895, § 4524; Civil Code 1910, § 5069; Code 1933, § 8-102.)   RESEARCH REFERENCES   ALR.    - Replevin for bank account, 44 A.L.R. 1522.    Attachment in libel and slander cases, 61 A.L.R. 1347.    Action based on rescission of contract as one arising on contract express or implied within the meaning of attachment statute, 77 A.L.R. 748; 95 A.L.R. 1028.    Judgment in tort action as subject of assignment, attachment, or garnishment pending appeal, 121 A.L.R. 420.    Attachment statute as applicable to equity suits, 154 A.L.R. 95.
GA Code § 18-3-3 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-3. Attachment Prior to Debt Becoming Due; Stay of Execution When Debt Not Due Before Final Judgment

 When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that, where the debt does not become due before final judgment, execution upon the judgment shall be stayed until the debt is due.   (Laws 1816, Cobb's 1851 Digest, p. 75; Code 1863, § 3197; Code 1868, § 3208; Code 1873, § 3275; Code 1882, § 3275; Civil Code 1895, § 4521; Civil Code 1910, § 5066; Code 1933, § 8-103.)   RESEARCH REFERENCES   ALR.    - What amounts to a "debt" within statute providing for attachment before debt is due, 65 A.L.R. 1439; 58 A.L.R.2d 1451.   What sort of claim, obligation, or liability is within contemplation of statute providing for attachment, or giving right of action for indemnity, before a debt or liability is due, 58 A.L.R.2d 1451.
GA Code § 18-3-4 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-4. Attachment After Action Commenced; Effect of Judgment on Pending Action

 In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject to attachment, the plaintiff may have an attachment against the defendant; and all the proceedings in relation to the same shall be as prescribed in relation to attachments where no action is pending. A satisfaction of the judgment in the common-law action shall satisfy the judgment in attachment, and a satisfaction of the judgment in attachment shall satisfy the judgment in the common-law action.   (Ga. L. 1855-56, p. 25, § 28; Code 1863, § 3201; Code 1868, § 3212; Code 1873, § 3280; Code 1882, § 3280; Civil Code 1895, § 4526; Civil Code 1910, § 5071; Code 1933, § 8-104.)   Law reviews.   - For article discussing Sniadach v. Family Fin. Corp., 395 U.S. 337, 89 S. Ct. 1820, 23 L. Ed. 2d 349 (1969) in relation to former Georgia law on prejudgment garnishment, see 21 Mercer L. Rev. 495 (1970). For article discussing Georgia's long arm statute, prejudgment attachment and habeas corpus, with respect to judicial developments in practice and procedure in the fifth circuit, see 30 Mercer L. Rev. 925 (1979).   JUDICIAL DECISIONS    Suit in attachment is separate and distinct from a common law action; and failure to number and document them separately is error on part of clerk. Dollar v. Fred W. Amend Co., 184 Ga. 432, 191 S.E. 696 (1937).    Former Code 1933, § 8-104 (see now O.C.G.A. § 18-3-4) was applicable to attachments under former Code 1933, § 8-101 (see now O.C.G.A. § 18-3-1). Threlkeld v. Whitehead, 95 Ga. App. 378, 98 S.E.2d 76 (1957).    Pending action with bail in superior court, plaintiff may take out attachment on same demand returnable to inferior court. Wood v. Carter, 29 Ga. 580 (1859).    Filing of declaration claiming damages was commencement of action for purposes of former Code 1863, § 3201 (see now O.C.G.A. § 18-3-4), though the defendant was not yet served. Graves v. Strozier, 37 Ga. 32 (1867).   Effect upon pending action of payment of costs of attachment.    - When attachment is sued out against the defendant in a pending common-law action, payment by the defendant to the sheriff of the principal, interest, and costs upon the attachment in order to relieve the defendant's property from seizure does not discharge the defendant from any additional liability to which the defendant might have been subject in the original action. Johnson & Son v. Friedman-Shelby Shoe Co., 15 Ga. App. 561, 83 S.E. 969 (1914).    Cited in Heath v. Bates, 70 Ga. 633 (1883); Donaldson v. Tripod Paint Co., 43 Ga. App. 3, 158 S.E. 640 (1931); Sheehan v. Ruben, 83 Ga. App. 336, 63 S.E.2d 605 (1951); Crawford v. Sumerau, 101 Ga. App. 32, 112 S.E.2d 682 (1960).