reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 5 - CLAIMS (§§ 9-13-90 — 9-13-106) › Section 9-13-103 - Withdrawal or discontinuance of claim limited

Whenever a claim of property is made in terms of this article and is returned to the proper court by the sheriff or other levying officer, the claimant shall not be permitted to withdraw or discontinue his claim more than once without the consent of the plaintiff in execution or some person duly authorized to represent the plaintiff; rather, the court shall proceed to the trial of the claim of the property and it shall be the duty of the jury to assess damages accordingly.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 5 - CLAIMS (§§ 9-13-90 — 9-13-106) › Section 9-13-104 - Trial of damage issue where claim dismissed or withdrawn

Whenever a claim is dismissed for insufficiency or is withdrawn, the plaintiff in execution may have a case made up and submitted to the jury charging that the claim was filed for the purpose of delay. Upon proof of the same, defendant and claimant having the same power to resist the case as in claim cases where damages are claimed, the jury, under instructions from the court, may give damages as in cases where the claim is not withdrawn but is submitted for trial to the jury. The cases so submitted shall be tried at the time of the disposal of the claim if the parties are ready, but continuances shall be granted as in other cases.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 5 - CLAIMS (§§ 9-13-90 — 9-13-106) › Section 9-13-105 - How damages assessed

Upon the trial of claims to property which may be pending in the court, when damages are found by the jury, the damages shall be assessed upon the whole amount then due upon the execution when the value of the property in dispute exceeds the amount of the execution and upon the value of the property when the value of the property is less than the execution levied.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 5 - CLAIMS (§§ 9-13-90 — 9-13-106) › Section 9-13-106 - Withdrawal of original execution and filing of copy

The plaintiff in execution in all claim cases shall have the right to withdraw the original execution from the files of the court by making application therefor, in person or by attorney, to the clerk of the court if there is a clerk or to the court if there is no clerk. Upon application being made, the clerk or court shall make a true copy of the execution with all the entries thereon and shall certify the same to be true, which certified copy shall be filed with the claim papers in lieu of the original execution; and an entry of the filing shall be made thereon.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-120 - Affidavit of illegality - When authorized; bond and security

When an execution against the property of any person issues illegally, or is proceeding illegally, and the execution is levied on such property, the person may make oath in writing, stating the cause of the illegality, and deliver the same to the sheriff or other executing officer together with bond and good security for the forthcoming of the property, as provided by this article.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-121 - Affidavit of illegality - To show lack of service; not available to go behind judgment

If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-122 - Affidavit of illegality - Not available for excessive levy generally

An affidavit of illegality shall not be a remedy for an excessive levy except where authorized by statute.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-123 - Affidavit of illegality - By whom filed

An affidavit of illegality may be filed by an attorney in fact or by an executor, administrator, or other trustee.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-124 - Affidavit of illegality - When received

No affidavit of illegality shall be received by any sheriff or other executing officer until a levy has been made.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-125 - Affidavit of illegality - When and how amendable

Affidavits of illegality are, upon motion and leave of court, amendable instanter by the insertion of new and independent grounds, provided that the defendant shall swear that he did not know of such grounds when the original affidavit was filed.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-126 - Amount and condition of forthcoming bond

When an execution is levied on personal property and an affidavit of illegality is filed thereto and the party filing the illegality desires to take or keep possession of the property, he shall deliver to the sheriff or other levying officer a bond payable to the levying officer, with good security in a sum equal to double the value of the property so levied upon, to be judged of by the levying officer, conditioned for the delivery of the property levied upon at the time and place of sale in the event that the illegality is dismissed by the court or withdrawn, which bond shall be recoverable in any court having cognizance thereof.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-127 - Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury

When levy has been made and affidavit and bond delivered to the levying officer, it shall be the duty of the officer to suspend further proceedings on the execution and to return the execution, affidavit, and bond to the next term of the court from which the execution issued. It shall be the duty of the court to make a determination thereon at the first term thereof unless the plaintiff or his attorney desires to controvert the facts contained in the affidavit, in which case an issue shall be joined and tried by a jury at the same term unless good cause is shown for a continuance.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-128 - Damages for delay; procedure following dismissal or withdrawal of illegality

Upon the trial of an issue formed on an affidavit of illegality, the jury trying the case shall have power to assess such damages as may seem reasonable and just, not exceeding 25 percent of the principal debt, where it is made to appear that the illegality was interposed for delay only. Whenever an illegality is dismissed for insufficiency or informality or is withdrawn, plaintiff in execution may proceed as is provided in cases where claims are dismissed or withdrawn.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 6 - ILLEGALITY (§§ 9-13-120 — 9-13-129) › Section 9-13-129 - Property subject to other executions; retention of sale proceeds to satisfy first execution; release of bond pro tanto

When an execution has been levied on property and an affidavit of illegality has been filed to stay proceedings thereon, the property so levied on shall be subject to levy and sale under other executions. The officer making the first levy shall claim, receive, hold, and retain the amount of the proceeds of the sale as the court deems sufficient to pay the execution first levied, including interest up to the time of the court at which the illegality shall be determined. Any bond given by the defendant on filing the affidavit shall be released and discharged so far as relates to the property sold.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 1 - ADVERTISEMENT (§§ 9-13-140 — 9-13-145) › Section 9-13-140 - How judicial sales advertised; description of property; advertisement and sale of livestock

(a)
The sheriff, coroner, or other officer shall publish weekly for four weeks in the legal organ for the county, or if there is no newspaper designated as such, then in the nearest newspaper having the largest general circulation in such county, notice of all sales of land and other property executed by the officer. In the advertisement the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In the case of real property, such advertisement shall include the legal description of such real property and may include the street address of such real property, if available, but provided that no foreclosure shall be invalidated by the failure to include a street address or by the insertion of an erroneous street address.
(b)
However, horses, hogs, and cattle may be sold at any time by the consent of the defendant, in which case it shall be the duty of the officer to give the plaintiff ten days' notice thereof and also to advertise the same at three or more public places in the county where the property may be at least ten days before the sale.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 1 - ADVERTISEMENT (§§ 9-13-140 — 9-13-145) › Section 9-13-141 - Timing of advertisements

In all cases where the law requires citations, notices, or advertisements by probate court judges, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees, or others to be published in a newspaper for 30 days or for four weeks or once a week for four weeks, it shall be sufficient and legal to publish the same once a week for four weeks, that is, one insertion each week for each of the four weeks, immediately preceding the term or day when the order is to be granted or the sale is to take place. The number of days between the date of the first publication and the term or day when the order is to be granted or the sale is to take place, whether more or less than 30 days, shall not in any manner invalidate or render irregular the notice, citation, advertisement, order, or sale.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 1 - ADVERTISEMENT (§§ 9-13-140 — 9-13-145) › Section 9-13-143 - Rates for legal advertisements

(a)
The rates to be allowed to publishers for publishing legal advertisements shall be as follows:
(1)
For each 100 words, not more than the sum of $15.00 for each insertion for the first four insertions; and
(2)
For each subsequent insertion, not more than the sum of $14.00 per 100 words.
In all cases fractional parts of 100 words shall be charged for at the same rate as for 100 words.
(b)
For the purpose of the computation in subsection (a) of this Code section, a block of numbers or a block of letters and numbers shall be counted as one word. If the block of numbers or letters or any combination thereof contains a hyphen, a semicolon, a colon, or other similar character or punctuation mark, the block shall still be counted as one word, provided there are no intervening spaces. When an intervening space does occur, this space shall mark the start of a new word.
(c)
No judge of the probate court, sheriff, coroner, clerk, marshal, or other officer shall receive or collect from the parties, plaintiff or defendant, other or greater rates than set forth in this Code section.
Amended by 2023 Ga. Laws 262,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 1 - ADVERTISEMENT (§§ 9-13-140 — 9-13-145) › Section 9-13-144 - Alternate advertising when rates not agreed on

(a)
If the judge of the probate court, the sheriff, or other officer is unable to procure advertisements at the rate prescribed in Code Section
9-13-143
in a newspaper published at the county site of the county, he may have the advertisements published in any newspaper in this state having the largest general circulation in the county, provided that any paper published in the county shall be next entitled to the public advertisements and provided, further, that the rates shall be agreed upon.
(b)
If contracts cannot be made with newspapers at the rates prescribed, then the sheriff and the judge of the probate court or other advertising officers shall post their advertisements at the courthouse and in a public place in each militia district in the county for the length of time required by law for advertising in newspapers.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 1 - ADVERTISEMENT (§§ 9-13-140 — 9-13-145) › Section 9-13-145 - Advertising costs paid in advance; exception when affidavit of indigence filed

No sheriff or deputy sheriff shall be required to advertise the property of any defendant in execution for sale until the cost of the advertisement shall have been first paid by the plaintiff in execution, his agent, or his attorney, provided that when any such party plaintiff, or his agent or attorney for him, shall make and file an affidavit in writing that because of his indigence he is unable to pay such cost, it shall be the duty of the sheriff or his deputy to proceed as required by law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-160 - Time of conducting public sale

(a)
For the purposes of this Code section, the term "public sale" means any sale, the notice of which must by law in any manner be given to the public.
(b)
All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for the sale.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-161 - Where and when sales under execution held; change of place of public sales by court order

(a)
Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made on the first Tuesday in each month, between the hours of 10:00 A.M. and 4:00 P.M., and at public outcry; provided, however, that, should the first Tuesday of the month fall on New Year's Day or Independence Day, such sales shall take place on the immediately following Wednesday. A change in the time of such sales from the first Tuesday of the month to the first Wednesday of the month as provided in this subsection shall also apply to all public sales within the county required to be conducted at the time of the sheriff's sales.
(b)
In all cases where any sheriff, coroner, or other levying officer shall levy any execution or other legal process upon any corn, lumber, timber of any kind, bricks, machinery, or other articles difficult and expensive to transport, the officer may sell the property without carrying and exposing the same at the courthouse door on the day of sale, but the levying officer shall give a full description of the property and the place where it is located in the advertisement of the sale.
(c)
By general order of the presiding judge of the superior court of the county, published in the official newspaper of the county and entered on the minutes of the court, all sales of property under execution within a county may be held at a place other than at the courthouse when, in the opinion of the judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets. However, no such property shall be sold at a place different from that shown in the advertisement of the sale. Any change in the place of such sales within any county, as provided in this Code section, shall also apply to all public sales within the county required to be conducted in the manner of sheriff's sales.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-161.1 - Holding of sales of personal property at place other than courthouse; advertisement of general order as to sale location

(a)
In any county of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in two other newspapers having general circulation in such county and entered upon the minutes of the court, that all sales of personal property by the sheriff of such county may be held at a place other than at the courthouse where, in the opinion of the chief judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets.
(b)
No such property shall be sold at a place different from that shown in the advertisement of the sale.
(c)
After the issuance of the first general order as provided in subsection (a) of this Code section, the chief judge may from time to time change the place of holding such sales by another general order published as provided in subsection (a) of this Code section.
(d)
This Code section shall be supplemental to other provisions of law, with a view towards efficient and orderly handling of sheriff's sales.
(e)
Nothing in this Code section shall be construed to affect the time, manner, or place of any sale not made by the sheriff but required to be made at the same time, manner, or place as sheriff's sales.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-162 - Continuance of sale from day to day

Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other officer has given notice of the intended continuance in the advertisement of the sale.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-163 - Sale of perishable property - When and by whom ordered; where held

Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of the levying officer, upon the facts being made plainly to appear to the judge of the court from which the process has issued or to the judge of the superior court of the county or to the judge of the probate court of the county in which the levy has been made during the absence of the judge of the superior court, it shall be the duty of the judge to order a sale of the property. The sale shall be at the usual place of holding sheriff's sales for the county where the property is located.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-164 - Sale of perishable property - Advertisement; notice; disposition of proceeds

(a)
The time and place of holding a sale under Code Section
9-13-163
shall be advertised at the courthouse and at two other public places at least ten days before the day of sale.
(b)
The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable condition, after three days' notice.
(c)
No judicial officer shall grant any order for the sale of personal property where the defendant in execution or other process or his attorney has not had at least two days' notice of applicant's intention to apply for such order, which notice shall specify the time and place of hearing. In cases of attachment for purchase money falling within this Code section, like notice shall be furnished the plaintiff or his attorney. In no case shall the notice be dispensed with, except where it is made to appear that it is impracticable to have the notice perfected or where the case is an urgent one, in which latter event the court may, in the exercise of a sound discretion, grant the order without notice.
(d)
The money arising from the sale shall be held by the officer making the same, subject to the order of the court having jurisdiction of the same.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-165 - Sale of perishable property - Under tax executions

Whenever a tax fi. fa. is levied on property which is of a perishable nature or is liable to deteriorate in value from keeping or which is attended with expense in keeping, the same may be sold under Code Sections
9-13-163
and
9-13-164
.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-166 - Form of tender

Purchasers at judicial sales need not tender cash but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-167 - Purchaser to ascertain title and condition; under what conditions officer personally liable

(a)
The purchaser shall look for himself as to the title and soundness of all property sold under judicial process.
(b)
Actual fraud or misrepresentation by the officer or his agent may bind the officer personally. No covenant of warranty shall bind him individually unless made with that intention and for a valuable consideration.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-168 - Obligations of purchaser

The purchaser at a judicial sale shall not be bound to look to the appropriation of the proceeds of the sale nor to the returns made by the officer, nor shall he be required to see that the officer has complied fully with all regulations prescribed in such cases. All such irregularities shall create questions and liabilities between the officer and the parties interested in the sale. An innocent purchaser shall be bound only to see that the officer has competent authority to sell and that he is apparently proceeding to sell under the prescribed forms.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-169 - Note or memorandum unnecessary

No note or memorandum in writing shall be necessary to charge any person at a judicial sale.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-170 - Liability for purchase money; officer's collection options

(a)
Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale when requested to do so, shall be liable for the amount of the purchase money. It shall be at the option of the sheriff or other officer either to proceed against the purchaser for the full amount of the purchase money or to resell the real or personal property and then proceed against the first purchaser for any deficiency arising from the sale.
(b)
The action provided for in subsection (a) of this Code section may be brought in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or any other person in interest, as the case may be.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-171 - When defendant bound by sale under void process

Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-172.1 - "Eligible sale" defined; recision of sale; damages

(a)
As used in this Code section, "eligible sale" means a judicial or nonjudicial sale that was conducted in the usual manner of a sheriff's sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser.
(b)
Upon rescission of an eligible sale, the seller shall return to the purchaser, within five days of the rescission, all bid funds paid by the purchaser.
(c)
Where the eligible sale was rescinded due to an automatic stay pursuant to the filing of bankruptcy by a person with an interest in the property, the damages that may be awarded to the purchaser in any civil action shall be limited to the amount of the bid funds tendered at the sale.
(d)
Where the eligible sale was rescinded due to:
(1)
The statutory requirements for the sale not being fulfilled;
(2)
The default leading to the sale being cured prior to the sale; or
(3)
The plaintiff in execution and the defendant in execution having agreed prior to the sale to cancel the sale based upon an enforceable promise by the defendant to cure the default,
the damages that may be awarded to the purchaser in any civil action shall be limited solely to the amount of the bid funds tendered at the sale plus interest on the funds at the rate of 18 percent annually, calculated daily. Notwithstanding any other provision of law, specific performance shall not be a remedy available under this Code section.
Amended by 2021 Ga. Laws 307,§ 9, eff. 5/10/2021.
Added by 2003 Ga. Laws 173, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-172 - When execution sale set aside

Courts shall have full power over their officers making execution sales. Whenever the court is satisfied that a sale made under process is infected with fraud, irregularity, or error to the injury of either party, the court shall set aside the sale.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-173 - Effect of judicial sale on title

A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale were made by the person against whom the process was issued.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-174 - When sheriff's successor empowered to make titles

If a sheriff fails to make titles to a purchaser, his successor in office may make them in the same manner as if he had sold the property.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-175 - Duty of officer to place purchaser in possession; which persons officer may dispossess

When any sheriff or other officer sells any real estate or present interest in land by virtue of and under any execution or otherwise, it shall be his duty, upon application, to place the purchaser or his agent or attorney in possession of the real estate. To this end, the officer may dispossess the defendant, his heirs, his tenants, or his lessees, vendees, or assignees since the judgment. However, he may not dispossess other persons claiming under an independent title.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-176 - How possession obtained after expiration of court term or replacement of officer

If the purchaser of real estate at sheriff's and other sales under execution fails to make application for possession thereof until the next term of the superior court after the sale has taken place or until the officer making the sale has gone out of office, the possession may be obtained only under an order of the superior court.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-177 - Right to enforce covenants

The purchaser at a judicial sale may enforce any covenants of warranty running with the land which are incorporated in the previous title deeds.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 13 - EXECUTIONS AND JUDICIAL SALES (§§ 9-13-1 — 9-13-178) › Article 7 - JUDICIAL SALES (§§ 9-13-140 — 9-13-178) › Part 2 - CONDUCT AND EFFECT (§§ 9-13-160 — 9-13-178) › Section 9-13-178 - When title deeds prior to purchase must be proved

In all controversies in the courts of this state, the purchaser at a judicial sale shall not be required to show title deeds prior to his purchase unless it is necessary for his case to show good title in the person whose interest he purchased.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-1 - Who may seek writ

(a)
Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint.
(b)
Any person alleging that another person in whom for any cause he is interested is kept illegally from the custody of the applicant may seek a writ of habeas corpus to inquire into the legality of the restraint.
(c)
Any person restrained of his liberty as a result of a sentence imposed by any state court of record may seek a writ of habeas corpus to inquire into the legality of the restraint.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-2 - Habeas corpus on account of detention of spouse or child

In all writs of habeas corpus sought on account of the detention of a spouse or child, the court on hearing all the facts may exercise its discretion as to whom the custody of the spouse or child shall be given and shall have the power to give the custody of a child to a third person.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-3 - Petition for writ - Contents

The application for the writ of habeas corpus shall be by petition in writing, signed by the applicant, his attorney or agent, or some other person in his behalf, and shall state:
(1)
The name or description of the person whose liberty is restrained;
(2)
The person restraining, the mode of restraint, and the place of detention as nearly as practicable;
(3)
The cause or pretense of the restraint. If the restraint is under the pretext of legal process, a copy of the process must be annexed to the petition if this is within the power of the applicant;
(4)
A distinct averment of the alleged illegality in the restraint or of any other reason why the writ of habeas corpus is sought; and
(5)
A prayer for the writ of habeas corpus.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-4 - Petition for writ - Verification; to whom presented

The petition for the writ of habeas corpus must be verified by the oath of the applicant or some other person in his behalf. It may be presented to the judge of the superior court of the circuit in which the illegal detention exists who may order the party restrained of his liberty to be brought before him from any county in his circuit, or it may be presented to the judge of the probate court of the county, except in cases of capital felonies or in which a person is held for extradition under warrant of the Governor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-5 - When writ granted

When upon examination of the petition for a writ of habeas corpus it appears to the judge that the restraint of liberty is illegal, he shall grant the writ, requiring the person restraining the liberty of another or illegally detaining such person in his custody to bring the person before him at a time and place to be specified in the writ for the purpose of an examination into the cause of the detention.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-6 - Form of writ

The writ of habeas corpus may be substantially as follows:
IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
A.B.,
)
Petitioner
)
)
v.
)
Civil action
)
C.D.,
)
File no. __________________
Respondent
)
WRIT OF HABEAS CORPUS
To C.D.:
You are hereby commanded to produce the body of __________________, alleged to be illegally detained by you, together with the cause of the detention, before me on the __________________ day of __________________, __________________, at __________________: __________________ __________________.M., then and there to be disposed of as the law directs.
Given under my hand and official signature, this __________________ day of __________________, __________________.
__________________
Judge
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-7 - Return day for writ

The return day of the writ of habeas corpus in civil cases shall always be within 20 days after the presentation of the petition therefor. The return day of the writ in criminal cases shall always be within eight days after the presentation of the petition therefor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-8 - Service of writ

The writ of habeas corpus shall be served by delivery of a copy thereof by any officer authorized to make a return of any process or by any other citizen. The entry of the officer or the affidavit of the citizen serving the writ shall be sufficient evidence of the service. The person serving the writ shall exhibit the original if required to do so. If personal service cannot be effected, the writ may be served by leaving a copy at the house, jail, or other place in which the party in whose behalf the writ issues is detained.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-9 - When warrant for arrest of person detained to be issued along with writ

If the affidavit of the applicant to the effect that he has reason to apprehend that the party detaining or holding another in custody will remove him beyond the limits of the county or conceal him from the officers of the law is filed with the petition, the judge granting the writ shall at the same time issue his warrant directed to the sheriff, deputy sheriff, coroner, or any lawful constable of the county requiring the officers to search for and arrest the body of the person detained and to bring him before the judge to be disposed of as he may direct.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-10 - Respondent's return to writ - When and where made

The return of the party served with the writ shall be made at the time and place specified by the court. Two days from the time of service shall be allowed for every 20 miles which the party has to travel from the place of detention to the place appointed for the hearing. If service has not been made a sufficient time before the hearing to cover the time allowed in this Code section to reach the place of hearing, the return shall be made within the time so allowed immediately after the service.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-11 - Respondent's return to writ - Verification; production of person detained

Every return to a writ of habeas corpus shall be under oath. If the custody or detention of the party on whose behalf the writ issues is admitted, his body shall be produced unless prevented by providential cause or prohibited by law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-12 - Respondent's return to writ - Statement of transfer of custody; procedure when transfer made to avoid writ

If the return denies the custody or detention of the person in question, it shall further state distinctly the latest date, if ever, at which custody was had and when and to whom custody was transferred. If it appears that a transfer of custody was made to avoid the writ of habeas corpus, the party making the return may be imprisoned, in the discretion of the judge hearing the case, until the body of the party kept or detained is produced.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-13 - Production of legal process

In every case in which detention is justified under legal process, the legal process shall be produced and submitted to the judge at the hearing of the return.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-14 - Hearing of issue

If the return denies any of the material facts stated in the petition or alleges other facts upon which issue is taken, the judge hearing the return may in a summary manner hear testimony as to the issue. To that end, he may compel the attendance of witnesses and the production of papers, may adjourn the examination of the question, or may exercise any other power of a court which the principles of justice may require.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-15 - To whom notice of hearing given

If the person who is the subject of a petition for the writ of habeas corpus is detained upon a criminal charge and the district attorney is in the county, he shall be notified of the hearing. If he is not, the notice shall be given to the prosecutor of the criminal charge.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-16 - When person not to be discharged

No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases:
(1)
When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;
(2)
By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;
(3)
For want of bond to prosecute;
(4)
When the person is imprisoned under a bench warrant which is regular upon its face;
(5)
By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;
(6)
When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or
(7)
In any other case in which it appears that the detention is authorized by law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-17 - Discharge for defect in affidavit, warrant, or commitment

If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his detention, he shall not be discharged for any defect in the affidavit, warrant, or commitment until a reasonable time has been given to the prosecutor to remedy the defect by a new proceeding.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-18 - Discharge after arrest for offense committed in another state

If a person is arrested on suspicion of the commission of an offense in another state and the suspicion is reasonable, the person shall not be discharged until a sufficient time has been given for a demand to be made on the Governor for his rendition.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-19 - Powers of court in cases not covered by Code Sections 9-14-16 through 9-14-18

In cases other than those specified in Code Sections
9-14-16
,
9-14-17
, and
9-14-18
, the judge hearing the return shall discharge, remand, or admit the person in question to bail or shall deliver him to the custody of the officer or person entitled thereto, as the principles of law and justice may require.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-20 - Recordation of proceedings by clerk of court; fees

In all habeas corpus cases, the proceedings shall be returned to the clerk of the superior court of the county the judge of which heard the same or to the probate court if the case was heard by the judge of the probate court and shall be recorded by such officer as are other cases. For such services, the officer shall receive the fees provided by Code Section
15-6-77
.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-21 - Costs of proceedings

The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party and may order execution to issue therefor by the clerk.