reglab/housing_qa huggingface dataset:
GA Code § 18-3-5 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-5. Attachment Against Administrator or Executor; Entry of Final Judgment

 Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside the limits of any county, provided that final judgment shall not be entered against such administrator or executor until after the expiration of two years from the granting of letters of administration or letters testamentary, as the case may be.   (Ga. L. 1857, p. 24, § 1; Code 1863, § 3199; Code 1868, § 3210; Code 1873, § 3277; Code 1882, § 3277; Civil Code 1895, § 4523; Civil Code 1910, § 5068; Code 1933, § 8-105.)   Cross references.   - Administrators and executors generally, T. 53, C. 6.   JUDICIAL DECISIONS   Nature of removal for which attachment authorized.    - Former Code 1868, § 3210 did not authorize attachment on ground that the executor or administrator was personally removing, but rather on ground that the executor or administrator is actually removing or about to remove property of the estate. Holloway v. Chiles, 40 Ga. 346 (1869).    Twelve-month exemption from suit allowed executors and administrators does not prevent levy of attachment against property of estate in hands of administrator or executor. Hartley v. Hartley, 173 Ga. 710, 161 S.E. 358 (1931).   Proviso that final judgment not be entered for two years from commencement of administration.    - Proviso in former Civil Code 1910, § 5068 that final judgment shall not be entered until expiration of two years from granting of letters of administration serves as a quasi-injunction to restrain administration of property upon which attachment has been levied until determination of issues which may be raised in attachment case. Hartley v. Hartley, 173 Ga. 710, 161 S.E. 358 (1931).    Judgment in attachment will not raise priority of debt owed creditor of intestate in proceeding to marshal assets. Wooten v. Hartley, 186 Ga. 639, 198 S.E. 750 (1838).    Cited in Ross v. Edwards, 52 Ga. 24 (1874).   RESEARCH REFERENCES   ALR.   - Garnishment against executor or administrator by creditor of estate, 60 A.L.R.3d 1301.
GA Code § 18-3-6 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-6. Attachment Against Joint Contractors or Partners

 In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon the plaintiff, his agent, or his attorney at law complying with this article. The proceeding against such joint contractor or partner shall be in all respects as in other cases of attachment, except that such attachment shall be levied only upon the separate property of such joint contractor or partner.   (Ga. L. 1851-52, p. 19, § 1; Ga. L. 1855-56, p. 25, § 26; Code 1863, § 3198; Code 1868, § 3209; Code 1873, § 3276; Code 1882, § 3276; Civil Code 1895, § 4522; Civil Code 1910, § 5067; Code 1933, § 8-106.)   RESEARCH REFERENCES   ALR.   - Joint bank account as subject to attachment, garnishment, or execution by creditor of one of the joint depositors, 11 A.L.R.3d 1465.
GA Code § 18-3-7 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-7. Attachment Against Nonresident Corporations

 Attachments may issue against nonresident corporations transacting business within the state under the same rules and regulations as are prescribed in relation to issuing attachments and garnishments in other cases.   (Ga. L. 1855-56, p. 25, § 33; Code 1863, § 3202; Code 1868, § 3213; Code 1873, § 3281; Code 1882, § 3281; Civil Code 1895, § 4527; Civil Code 1910, § 5072; Code 1933, § 8-108.)   RESEARCH REFERENCES   ALR.    - Constitutionality of statute prescribing conditions of right of defendant in foreign attachment to appear and defend, 17 A.L.R. 884.    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.   Sufficiency of affidavit for attachment, respecting fraud or intent to defraud, as against objection that it is a mere legal conclusion, 8 A.L.R.2d 578.   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.
GA Code § 18-3-8 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-8. Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal

  In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section 18-3-1, such surety or endorser may, upon complying with this chapter, have attachment against his principal. The proceedings shall be in all respects the same as in other cases of attachment, and the money raised by the attachment shall be paid to the person holding the instrument of writing.   If the surety or endorser has paid the debt, then the money raised upon the attachment or so much thereof as will pay the amount the surety or endorser has paid shall be paid to the surety or endorser.   In case the debt is not due at the time judgment is rendered against the principal, execution shall be stayed until the debt is due.    (Laws 1820, Cobb's 1851 Digest, p. 75; Laws 1842, Cobb's 1851 Digest, p. 88; Ga. L. 1855-56, p. 25, § 27; Code 1863, § 3200; Code 1868, § 3211; Code 1873, § 3279; Code 1882, § 3279; Civil Code 1895, § 4525; Civil Code 1910, § 5070; Code 1933, § 8-107.)   Cross references.   - Suretyship generally, T. 10, C. 7.   JUDICIAL DECISIONS    Cited in Patne v. Oliver, 96 Ga. App. 644, 101 S.E.2d 154 (1957).   RESEARCH REFERENCES   2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, § 452.   ALR.   - 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.   Funds in hands of his attorney as subject of attachment or garnishment by client's creditor, 35 A.L.R.3d 1094.
GA Code § 18-3-9 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-9. Application for Issuance of Writ of Attachment Prior to Judgment; Contents of Application; Procedure

  When the plaintiff contends one or more of the grounds set forth in Code Section 18-3-1 exist, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence of the defendant, if known, and, if not known, in the county wherein the property sought to be attached is located, for an order authorizing issuance of a writ of attachment. The application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, the basis and nature of the claim, and the amount of indebtedness claimed therein by the plaintiff.   Upon presentation of plaintiff's sworn application for a writ of attachment, it shall be the duty of the judge to inquire into the facts alleged, going beyond mere conclusions of fact alleged by the plaintiff and clearly setting forth the facts entitling the creditor to a writ of attachment as set forth in Code Section 18-3-1. Upon consideration of the inquiry, the judge shall have the discretion to grant or deny the issuance of a writ of attachment. Any order by a judge granting the issuance of a writ of attachment shall be subject to approval of a bond by the clerk of the court, pursuant to Code Section 18-3-10, prior to filing of the writ of attachment.    (Ga. L. 1855-56, p. 25, § 2; Code 1863, § 3189; Code 1868, § 3200; Code 1873, § 3265; Code 1882, § 3265; Ga. L. 1893, p. 117, § 1; Civil Code 1895, § 4511; Civil Code 1910, § 5056; Code 1933, § 8-109; Ga. L. 1968, p. 1013, § 1; Ga. L. 1980, p. 1065, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Magistrate courts' power to order prejudgment attachment.   - Because magistrate courts are not "courts of record" those courts may not order prejudgment attachment or garnishment. 1984 Op. Att'y Gen. No. U84-28.   RESEARCH REFERENCES   ALR.    - Affidavits stating grounds of attachment on information and belief, 86 A.L.R. 588.
GA Code § 18-3-10 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-10. Bond Requirements Generally

 No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of the issuance of the writ of attachment in the event that the amount claimed to be due was not due, that no lawful ground for issuance of the attachment existed, or that the property sought to be attached was not subject to attachment. The bond shall be in a sum equal to twice the amount claimed due in the plaintiff's application. The bond shall be presented to the clerk of the court where the application provided for in Code Section 18-3-9 is sought to be filed for approval by such clerk prior to filing of the writ of attachment.   (Laws 1833, Cobb's 1851 Digest, p. 83; Ga. L. 1855-56, p. 25, § 3; Code 1863, § 3190; Code 1868, § 3201; Code 1873, § 3266; Code 1882, § 3266; Ga. L. 1892, p. 56, § 1; Civil Code 1895, § 4512; Civil Code 1910, § 5057; Code 1933, § 8-111; Ga. L. 1980, p. 1065, § 2.)   RESEARCH REFERENCES   2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, §§ 385, 452.   ALR.    - Liability on attachment bond as affected by lack of levy or by invalid levy, 108 A.L.R. 917.   Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221.   Right to recover attorney's fees for wrongful attachment, 65 A.L.R.2d 1426.   What constitutes malice sufficient to justify an award of punitive damages in action for wrongful attachment or garnishment, 61 A.L.R.3d 984.
GA Code § 18-3-10.1 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages

 When a person who has been a defendant in attachment desires to bring an action against the plaintiff for damages, and the plaintiff in attachment does not reside in this state, it shall be sufficient to serve the complaint and summons on the security to the bond given by the plaintiff, and the action may proceed against both principal and security.   (Ga. L. 1855-56, p. 25, § 54; Code 1863, § 3267; Code 1868, § 3278; Code 1873, § 3354; Code 1882, § 3354; Civil Code 1895, § 5013; Civil Code 1910, § 5595; Code 1933, § 3-304.)   Cross references.   - Service of process generally, § 9-11-4.   JUDICIAL DECISIONS   Constitutionality.    - Proceeding under this statute afforded due process of law and did not violate U.S. Const., amend. 14. Continental Nat'l Bank v. Folsom, 78 Ga. 449, 3 S.E. 269 (1887).    Service on security of nonresident national bank which gave bond under statute was sufficient. Continental Nat'l Bank v. Folsom, 78 Ga. 449, 3 S.E. 269 (1887).   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Process, §§ 31, 32, 84.
GA Code § 18-3-11 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-11. Affidavit for Attachment and Execution of Bond When Debt Due to Partnership or Several Persons Jointly

 When the debt, for the recovery of which the attachment is sought, is due to a partnership or is due to several persons jointly, any one of the partners or joint creditors, his agent, or his attorney at law may make the affidavit and give the bond as prescribed and sign the names of the other partners or joint creditors to said bond; and the partners or joint creditors shall be bound thereby in the same manner as though they had signed it themselves.   (Ga. L. 1855-56, p. 25, § 4; Code 1863, § 3191; Code 1868, § 3202; Code 1873, § 3267; Code 1882, § 3267; Civil Code 1895, § 4513; Civil Code 1910, § 5058; Code 1933, § 8-110.)   RESEARCH REFERENCES   ALR.    - Affidavits stating grounds of attachment on information and belief, 86 A.L.R. 588.
GA Code § 18-3-12 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond

 No person shall be taken as security or surety on any attachment bond who is an attorney for the plaintiff or a nonresident, except such nonresident who is possessed of real estate in the county where the attachment issues which is the value of the amount of such bond.   (Ga. L. 1873, p. 29, § 1; Code 1873, § 3268; Code 1882, § 3268; Civil Code 1895, § 4514; Civil Code 1910, § 5059; Code 1933, § 8-112.)
GA Code § 18-3-13 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-13. Procedure for Contesting Sufficiency of Bond; Requirement of Additional Security or New Bond; Failure to Comply

 When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he has a good defense to the action, that the bond given in the action is not a good bond, and stating the ground of its insufficiency. When the affidavit is made and delivered to the levying officer, the officer shall return such attachment together with the affidavit forthwith to the judge issuing the attachment. The judge issuing the attachment shall without delay hear testimony as to the sufficiency of the bond and may in his discretion require additional security or a new bond to be given within such time as he may prescribe. If the plaintiff fails to provide such additional security or new bond, the judge shall dismiss the levy made under the attachment.   (Ga. L. 1873, p. 29, § 2; Code 1873, § 3271; Code 1882, § 3271; Ga. L. 1892, p. 56, § 2; Civil Code 1895, § 4517; Ga. L. 1899, p. 37, § 1; Civil Code 1910, § 5062; Code 1933, § 8-113; Ga. L. 1980, p. 1065, § 3.)   RESEARCH REFERENCES   ALR.    - Constitutionality of statute prescribing conditions of right of defendant in foreign attachment to appear and defend, 17 A.L.R. 884.    Duty to give bond and procure return of property in order to mitigate damages from its wrongful seizure under legal process, 33 A.L.R. 1479.    Value of attached property as limit of liability on bond to release attachment, 80 A.L.R. 595.    Liability on attachment bond as affected by lack of levy or by invalid levy, 108 A.L.R. 917.
GA Code § 18-3-15 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-15. Right of Defendant to Postseizure Hearing

 When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff's affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a specified time, which shall not be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the attachment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the attachment shall be revoked.   (Code 1933, § 8-114.1, enacted by Ga. L. 1980, p. 1065, § 5.)   RESEARCH REFERENCES   ALR.   - Filing bond to secure release or return of seized property as appearance, 57 A.L.R.2d 1109.
GA Code § 18-3-16 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-16. Issuance and Levy of Attachment on Sunday

 Attachments may issue and be levied on Sunday when the plaintiff, his agent, or his attorney at law shall state, in his sworn application for a writ of attachment, that he has reason to believe the debt will not be satisfied unless process of attachment shall issue on Sunday and shall also comply with the other provisions of this chapter.   (Laws 1834, Cobb's 1851 Digest, p. 482; Ga. L. 1855-56, p. 25, § 23; Code 1863, § 3196; Code 1868, § 3207; Code 1873, § 3274; Code 1882, § 3274; Civil Code 1895, § 4520; Civil Code 1910, § 5065; Code 1933, § 8-115.)   RESEARCH REFERENCES   ALR.    - Power of municipal corporation to legislate as to Sunday observance, 37 A.L.R. 575.
GA Code § 18-3-18 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-18. Applicability of Chapter 10 of Title 9 Subsequent to Filing of Declaration in Attachment

 All pleadings, defenses, and procedures subsequent to the filing of the declaration in attachment shall be governed by Chapter 10 of Title 9.   (Laws 1838, Cobb's 1851 Digest, p. 86; Ga. L. 1855-56, p. 25, § 20; Code 1863, § 3221; Code 1868, § 3232; Code 1873, § 3308; Code 1882, § 3308; Civil Code 1895, § 4556; Civil Code 1910, § 5102; Code 1933, § 8-601; Ga. L. 1962, p. 520, § 2; Ga. L. 1980, p. 1065, § 12.)   Law reviews.   - For article surveying judicial developments in Georgia's trial practice and procedure laws, see 31 Mercer L. Rev. 249 (1979).   RESEARCH REFERENCES   ALR.    - Attack by defendant upon attachment or garnishment as an appearance subjecting him personally to jurisdiction, 129 A.L.R. 1240.
GA Code § 18-3-20 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 1 - General Provisions|§ 18-3-20. Substantial Compliance in Matters of Form Sufficient

 A substantial compliance in all matters of form shall be held sufficient in all applications for attachment and in all attachments issued as provided by this chapter.   (Ga. L. 1855-56, p. 25, § 43; Code 1863, § 3204; Code 1868, § 3215; Code 1873, § 3282; Code 1882, § 3282; Civil Code 1895, § 4528; Civil Code 1910, § 5073; Code 1933, § 8-118.)
GA Code § 18-3-31 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 2 - Levy and Replevy of Property Generally|§ 18-3-31. Levy by Officer of Attachments in Order Received; Entry of Time and Date of Levy on Attachment; Levy Upon Land and Attachment Entry on Docket by Clerk

 In all cases it shall be the duty of the officer levying attachments to levy them in the order in which they come into his hands, and it shall be his duty to enter upon the same the year, month, day, and hour on which he made the levy. Where the levy is upon land, the attachment must be entered on the execution or attachment docket by the clerk of the superior court in order to be good against third persons acting in good faith and without actual notice.   (Ga. L. 1855-56, p. 25, § 19; Code 1863, § 3208; Code 1868, § 3219; Code 1873, § 3286; Code 1882, § 3286; Ga. L. 1892, p. 58, § 1; Civil Code 1895, § 4532; Civil Code 1910, § 5077; Code 1933, § 8-203.)
GA Code § 18-3-32 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 2 - Levy and Replevy of Property Generally|§ 18-3-32. Levy on Property in a Different County

 When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the duty of the judge issuing the attachment, upon the request of the plaintiff, his agent, or his attorney at law, to make out a copy or copies of the original attachment, bond, and affidavit and certify the same officially to be true copies. Upon delivery of the copies of the attachment, bond, and affidavit, as directed, to any officer of the county in which the property of the defendant is located, it shall be the duty of the officer forthwith to levy the attachment upon the property of the defendant located in that county and to return the attachment, with his actings and doings entered thereon, to the court to which the original attachment is returnable.   (Laws 1799, Cobb's 1851 Digest, p. 73; Ga. L. 1855-56, p. 25, § 10; Code 1863, § 3193; Code 1868, § 3204; Code 1873, § 3270; Code 1882, § 3270; Civil Code 1895, § 4516; Civil Code 1910, § 5061; Code 1933, § 8-210; Ga. L. 1980, p. 1065, § 8.)   RESEARCH REFERENCES   ALR.    - Attachment proceedings as affected by officer's failure to comply with statutory requirements as to return or inventory, 93 A.L.R. 748.   Maintainability of replevin or similar possessory action where defendant, at time action is brought, is no longer in possession of property, 97 A.L.R.2d 896.
GA Code § 18-3-34 (2021)
2021 Georgia Code|Title 18 - Debtor and Creditor|Chapter 3 - Attachment Proceedings|Article 2 - Levy and Replevy of Property Generally|§ 18-3-34. Replevy of Property of Foreign Corporation Upon Payment of Bond; Return of Bond by Levying Officer; Right of Plaintiff to Entry of Judgment on Bond

 When an attachment is levied on the property of a foreign corporation, any agent of the corporation may recover the property levied upon by giving a bond, with good security, conditioned to pay the amount of judgment and costs that the plaintiff in attachment may recover in the case. The officer taking the bond shall return the bond with the attachment to the court to which the attachment is made returnable; and the plaintiff shall be entitled to entry of judgment against the corporation and its sureties upon the bond for the amount of the judgment and costs entered against the corporation in the case.   (Ga. L. 1855-56, p. 25, § 33; Code 1863, § 3233; Code 1868, § 3244; Code 1873, § 3320; Code 1882, § 3320; Civil Code 1895, § 4568; Civil Code 1910, § 5114; Code 1933, § 8-702.)   RESEARCH REFERENCES   ALR.    - Recovery for depreciation of property between the date it was replevied and final judgment, 24 A.L.R. 1189.    Duty to give bond and procure return of property in order to mitigate damages from its wrongful seizure under legal process, 33 A.L.R. 1479.    Premium for redelivery bond as item of damages for wrongful attachment, 42 A.L.R. 1057.    Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in repleving for delivery or redelivery of chattels, 57 A.L.R. 806.