reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-131 - "Foreign judgment" defined

As used in this article, the term "foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-132 - Filing of judgment; force and effect following filing

A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be enforced or satisfied in like manner.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-133 - Filing of foreign judgment; notice to judgment debtor; Code Section 9-11-4 inapplicable to article

(a)
At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.
(b)
The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c)
The provisions of Code Section
9-11-4
shall not apply to this article.
(d)
The provisions of subsections (a) and (b) of this Code section shall not apply to the registration of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29.
Amended by 2019 Ga. Laws 233,§ 35, eff. 1/1/2020.
Amended by 2015 Ga. Laws 167,§ 5-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-134 - Appeal or stay of foreign judgment; security for satisfaction

(a)
If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted and proves that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(b)
If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired and require the same security for satisfaction of the judgment that is required in this state, subject to the provisions of subsections (b) and (f) of Code Section
5-6-46
.
(c)
With respect to a guardianship order or conservatorship order from another state registered and recorded under Article 4 of Chapter 11 of Title 29, nothing in subsection (a) or (b) of this Code section shall prevent an appropriate court from taking any action permitted by subsection (d) of Code Section
29-4-70
, subsection (d) of Code Section
29-5-110
, or Articles 1 and 2 of Chapter 11 of Title 29.
Amended by 2019 Ga. Laws 233,§ 36, eff. 1/1/2020.
Amended by 2004 Ga. Laws 778, § 2, eff. 5/19/2004.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-135 - Clerk's fees

(a)
A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section
15-6-77
; provided, however, that a person registering a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29 shall pay to the probate court in which such order is registered the same sums as in adult guardianship matters in probate court as provided in paragraph (1) of subsection (g) of Code Section
15-9-60
.
(b)
Fees for other enforcement proceedings shall be as otherwise provided by law.
Amended by 2019 Ga. Laws 233,§ 37, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-136 - Actions to enforce judgments preserved

The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this article.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-137 - Uniform construction

This article shall be interpreted and construed to achieve its general purposes to make the law of those states which enact it uniform.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 12 - VERDICT AND JUDGMENT (§§ 9-12-1 — 9-12-138) › Article 6 - ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 9-12-130 — 9-12-138) › Section 9-12-138 - Judgments to which article applies

This article shall apply to foreign judgments of other states only if those states have adopted the "Uniform Enforcement of Foreign Judgments Act" in substantially the same form as this article.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-1 - Entry and signing of judgment prerequisite to execution

No execution shall issue until judgment is entered and signed by the party in whose favor verdict was rendered or by his attorney, or by the presiding judge or justice.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-2 - Execution suspended by appeal

If execution is issued before the expiration of the time allowed for entering an appeal, the execution will be suspended on the entering of an appeal by either party.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-3 - Execution to follow judgment

Every execution shall follow the judgment upon which it issued and shall describe the parties thereto as described in the judgment.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-4 - Judge may frame executions

The judge of any superior court may frame and cause to be issued by the clerk thereof any writ of execution to carry into effect any lawful judgment or decree rendered in his 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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-5 - Amendment of execution - To conform to judgment or time of return

A writ of fieri facias may be amended so as to conform to the judgment upon which it issued and to the time of its return; and such amendments shall in no manner affect the validity of the writ of fieri facias, nor shall the levy of the writ fall or be in any manner invalidated thereby.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-6 - Amendment of execution - To conform to amended judgment

Where a judgment has been amended by order of the court in conformity to the verdict upon which it is predicated and execution has previously issued thereon, the clerk of the court in which the judgment was rendered shall have power to amend the execution at any time so as to make it conform to the amended judgment; and such amendment shall not cause any levy on the execution to fall.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-7 - Amendment of execution - To correct mistake in issuance; alias execution

(a)
When the clerk of any court has made any mistake in issuing an execution, the clerk or any of his successors in office may correct the mistake by amending the execution and shall note and certify on the execution the fact that the amendment was made by him.
(b)
Alternatively, the clerk may issue an alias execution to be signed and dated by him at the time it is issued instead of the execution in which the mistake was made. The clerk shall note the fact of the issuing of the alias on the original, which original shall remain on file in his office, and shall likewise make a memorandum thereof on the execution docket; he shall also transcribe upon the alias all the entries and credits from the original. No order of court shall be necessary in the cases contemplated by this Code section.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-8 - Issuance of alias execution to replace lost original

(a)
When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by any other satisfactory proof, grant an order for the issuing of an alias execution in lieu of the lost original execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
(b)
When an execution which was regularly issued by an officer of the state as authorized by law is lost or destroyed, the state officer or the successor to the state officer by whom the same was issued may at any time issue an alias execution in lieu of the lost original execution. The alias execution shall be dated the same date as the original execution and the officer shall endorse the word "alias" on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
(c)
When an execution which was regularly issued by an officer of a county or local government as authorized by law is lost or destroyed, the judge of the probate court of the county in which the original execution was issued may issue an alias execution upon the filing by the party having the right to control the original execution of a statement under oath of the loss or destruction of such original execution. The judge shall endorse the word "alias" on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-9 - When execution returnable

All executions, except as otherwise provided by this Code, shall be made returnable to the next term of the court from which they 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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-10 - Issuance of execution; to whom directed; on what property levied

Except as otherwise provided by law, executions shall be issued by the clerk of the court in which judgment is obtained, shall bear teste in the name of the judge of such court, shall bear date from the time of their issuing, shall be directed "To all and singular the sheriffs of this state and their lawful deputies," and may be levied on all the estate of the defendant, both real and personal, which is subject to levy and 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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-11 - Direction, levy, service, and return of execution when sheriff a party

All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except the sheriff of the county in which the interested sheriff resides, and may be levied, served, and returned by the coroner, other sheriff, or constable of the county at the option of the plaintiff or the party seeking the remedy.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-12 - Entry of levy on process

The officer making a levy shall enter the same on the process by virtue of which levy is made and in the entry shall plainly describe the property levied on and the amount of the interest of defendant therein.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-13 - Written notice of levy on land

(a)
In all cases of levying on land, written notice of the levy must be given personally or delivered by certified mail or statutory overnight delivery to the tenant in possession and to the defendant if not in possession.
(b)
The officer levying on land under an execution, within five days thereafter, shall leave a written notice of the levy with the tenant in possession of the land, if any; and, if the defendant is not in possession, the officer shall also leave a written notice with the defendant if he is in the county or shall transmit the notice by mail to the defendant within the time aforesaid.
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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-14 - Bonds taken by executing officers valid; rights of plaintiffs not affected

(a)
All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law and recoverable in any court having jurisdiction thereof.
(b)
No bond taken in conformity with subsection (a) of this Code section shall in any case prejudice or affect the rights of the plaintiff in execution; the bond shall relate to and have effect solely between the officer to whom it is given and the defendant in execution. The officer shall in no case excuse himself for not having made the money on an execution by having taken the bond but shall be liable to be ruled as prescribed 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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-15 - Measure of damages on forthcoming bond

Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, with interest thereon; and, if the property deteriorates in value by reason of being used by the person giving the bond or otherwise and is then delivered to the officer making the seizure, the officer or the plaintiff in execution may recover on the bond the difference between the value at the time of the delivery of the property under the bond and its value when turned over to the officer making the levy, with interest thereon. The amount of damages shall in no case exceed the amount due on 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 1 - GENERAL PROVISIONS (§§ 9-13-1 — 9-13-16) › Section 9-13-16 - Penalty for fraudulent levy

Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any subsequent conviction, the person shall be sentenced to confinement for not less than two nor more than four years.
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 2 - PARTIES IN EXECUTION (§§ 9-13-30 — 9-13-36) › Section 9-13-30 - Execution against sureties and endorsers

When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue 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 2 - PARTIES IN EXECUTION (§§ 9-13-30 — 9-13-36) › Section 9-13-31 - Execution against principal and his surety on appeal

In all cases of appeal where security has been given and judgment has been entered against the principal and surety, jointly and severally, execution shall issue accordingly and shall proceed against either or both at the option of the plaintiff until his debt is satisfied.
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 2 - PARTIES IN EXECUTION (§§ 9-13-30 — 9-13-36) › Section 9-13-32 - Execution following death of defendant

On the death of a defendant after final judgment when no execution has been issued prior to such death, execution may issue as though the death had not taken place.
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 2 - PARTIES IN EXECUTION (§§ 9-13-30 — 9-13-36) › Section 9-13-33 - Executions using partnership name valid

Executions issued in favor of or against partners, where the partnership style is used therein instead of the individual names of the persons composing the firm, shall be valid.
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 2 - PARTIES IN EXECUTION (§§ 9-13-30 — 9-13-36) › Section 9-13-34 - Right to transfer execution; status of transferee

Any plaintiff in judgment or transferee may in good faith and for a valuable consideration transfer any execution to a third person. In all cases the transferee of any execution shall have the same rights and shall be subject to the same equities and the same defenses as was the original plaintiff in judgment.
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 2 - PARTIES IN EXECUTION (§§ 9-13-30 — 9-13-36) › Section 9-13-35 - Effect of transfer by attorney; ratification

The transfer of an execution by the attorney of record shall be good to pass the title thereto as against every person except the plaintiff in execution or his assignee without notice. Ratification by the plaintiff shall estop him also from denying the transfer. Receipt of the money from the transfer shall be such a ratification.
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 2 - PARTIES IN EXECUTION (§§ 9-13-30 — 9-13-36) › Section 9-13-36 - Transfer of execution upon payment; status of transferee; recording necessary to preserve lien; exception for tax executions

(a)
Except as otherwise provided for in subsection (b) of this Code section, whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such person's residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution.
(b)
This Code section shall not be applicable to tax executions. Tax executions shall be governed exclusively by Chapters 3 and 4 of Title 48.
Amended by 2006 Ga. Laws 759,§ 1, eff. 7/1/2006.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-50 - Designation by defendant of property to be levied on; when sheriff bound thereby

(a)
The defendant in execution shall be at liberty to point out what part of his property he may think proper to be levied on, which property the sheriff or other officer shall be bound to take and sell first if the same is, in the opinion of the levying officer, sufficient to satisfy the judgment and costs.
(b)
When a defendant in execution shall point out property on which to levy the execution which is in the possession of a person not a party to the judgment from which the execution issued, the sheriff or other officer shall not levy thereon but shall proceed to levy on such property as may be found in the possession of the defendant.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-51 - Sale of property subject to lien; order of application to payment

Where property is subject to a lien and part of it is sold by the debtor, the part remaining shall be first applied to the payment of the lien. If the property subject to the lien is sold in several parcels at different times, the parcels shall be charged in the inverse order of their alienation.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-52 - When sheriff may levy on and sell land outside county

A sheriff or other levying officer shall not sell land outside the county in which he is sheriff or such officer except when the defendant in execution owns a tract or tracts of land divided by the line of the county of his residence, in which case the land may be sold in the county of his residence; if such tract of land is in a county other than that of the defendant's residence, it may be levied on and sold in either county.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-53 - When constable may levy on land; sale by sheriff

No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In such event the constable is authorized to levy on such real estate, if in his county, and to deliver over the execution to the sheriff of the county a return of the property levied upon; and the sheriff shall proceed to advertise and sell the same as in case of levies made by himself.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-54 - When growing crop levied on and sold

No sheriff or other officer shall levy on any growing crop of corn, wheat, oats, rye, rice, cotton, potatoes, or any other crop usually raised or cultivated by planters or farmers nor sell the same until the crop has matured and is fit to be gathered. However, this Code section shall not prevent any levying officer from levying on and selling crops in cases where the defendant in execution absconds or removes himself from the county or state, or from selling growing crops with the land.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-55 - Seizure prerequisite to sale of personalty

To authorize a sale of personal property there shall be an actual or constructive seizure.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-56 - Future interests in personalty

A future interest in personalty may not be seized and sold but the lien of judgments shall attach thereto so as to prevent alienation before the right to present possession accrues.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-57 - Choses in action

Choses in action are not liable to be seized and sold under execution, unless made so specially 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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-58 - Corporation's disclosure of worth of defendant's shares mandated; refusal treated as contempt

Upon demand by any sheriff, constable, or other levying officer having in his hands any execution against any person who is the owner of any shares of stock of a bank or corporation upon the president, superintendent, manager, or other officer having access to the books of the bank or corporation, the president, superintendent, manager, or other officer aforesaid shall disclose to the levying officer the number of shares and the par value thereof owned by the defendant in execution and, on refusal to do so, shall be considered in contempt of court and punished 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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-59 - What property liable to execution in action against joint contractors or partners when not all served

Where, in an action against two or more joint contractors, joint and several contractors, or partners, service is perfected on only part of the contractors or partners and the officer serving the writ returns that the others are not to be found, the judgment obtained shall bind, and execution may be levied on, the joint or partnership property as well as the individual property, real and personal, of the defendant or defendants who have been served with a copy of the process. However, the judgment shall not bind nor shall execution be levied on the individual property of the defendant or defendants not served with process.
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 3 - PROPERTY AGAINST WHICH EXECUTION LEVIED (§§ 9-13-50 — 9-13-60) › Section 9-13-60 - Taking up of debt to give defendant legal title to property; notice of levy and sale; application of proceeds

(a)
Where any person other than the vendor or other than the holder or assignee of the purchase money or secured debt has a judgment against a defendant in execution who does not hold legal title to property but has an interest or equity therein, such plaintiff in execution may take up the debt necessary to be paid by the defendant in order to give the defendant legal title to the property by paying the debt with interest to date if due and interest to maturity if not due; and thereupon a conveyance to the defendant in execution or, if he is dead, to his executor or administrator shall be made by the vendor or holder of title given to secure the debt or, if dead, by the executor or administrator thereof. When the conveyance has been filed and recorded, the property may be levied on and sold as property of the defendant.
(b)
In all cases provided for in subsection (a) of this Code section, notice of the levy and time of sale shall be given by the levying officer to the vendor or holder of the title given to secure the debt, if known, and also to the defendant in execution and, in case of death, to their legal representatives. Depositing a properly addressed and stamped letter into the United States mail shall be deemed sufficient notice under this subsection.
(c)
The proceeds of the sale shall be applied first to the payment of liens superior to the claims taken up by the plaintiff in execution, next to the payment of principal advanced by the plaintiff in execution to put title in defendant, with interest to date of sale, and the balance to the execution under which the property was sold, and to other liens according to priority, to be determined as provided 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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-70 - Suspension of execution for 60 days pending payment; bond

(a)
In all cases in which a verdict or judgment is rendered, the party against whom the same is entered may, either in open court or in the clerk's office, within four days after the adjournment of court, enter into bond with good and sufficient security for the payment of the verdict or judgment and costs within 60 days.
(b)
When bond and security have been given as provided in this Code section, the verdict and judgment, or the execution thereon, shall be suspended for the 60 days. If the party fails to pay the verdict or judgment within that time, execution shall issue against the party and his security without further proceedings thereon.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-71 - Sufficient levy on personalty prima-facie satisfaction; effect of dismissal

A levy upon personal property sufficient to pay the debt, which levy is unaccounted for, shall be prima-facie evidence of satisfaction to the extent of the value of the property. The unexplained dismissal of the levy shall be an abandonment of the lien so far as third persons are concerned.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-72 - Release of property subject to execution

If the plaintiff in execution, for a valuable consideration, releases property which is subject to execution, the release shall be a satisfaction of the execution to the extent of the value of the property so released insofar as purchasers and creditors are concerned. However, nothing in this Code section shall apply to any such release made by the transferee of any execution issued for taxes due the state or any county or municipality therein or of any execution issued by any municipality on account of assessments made against real estate for street or other improvements. In all such cases the execution shall be discharged or satisfied only to the extent of the amount of taxes or other assessments owing by the parcel released.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-73 - Application of fund to younger lien with senior lienholder's consent

If an execution creditor having the older lien on a fund in the hands of the sheriff or other officer allows the fund by his consent to be applied to a younger writ of execution, it shall be considered an extinguishment pro tanto of the creditor's lien insofar as third persons may be concerned.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-74 - Release by agreement

An agreement for a valuable consideration never to enforce a judgment or execution shall release the judgment or execution.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-75 - Setoff of judgments; collection of balance

One judgment may be set off against another, on motion, whether in the hands of an original party or an assignee. The balance on the larger is collectable under execution. The rights of an assignee shall not be interfered with if bona fide and for value.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-76 - Execution by defendant after setoff

In all cases of mutual debts and setoffs where the jury finds a balance for the defendant, the defendant may enter judgment for the amount and take out execution in the manner as plaintiffs may do by this Code, provided that the defendant at the time of filing his answer files therewith a true copy or copies of the subject matter of such setoffs.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-77 - Control of execution after payment - By security

The security paying off an execution shall have control 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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-78 - Control of execution after payment - By joint debtor

When judgments have been obtained against several persons and one of them has paid more than his just proportion of the same, he may have full power to control and use the execution as securities in execution control the same against principals or cosureties by having this payment entered on the execution issued to enforce the judgment, and he shall not be compelled to bring an action against the codebtors for the excess of payment on the judgment.
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 4 - SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION (§§ 9-13-70 — 9-13-80) › Section 9-13-79 - Partial payments to be entered

When a payment on an execution is made which does not entirely satisfy the judgment upon which the execution has been issued, the plaintiff in execution or his attorney shall authorize the clerk to enter the amount of the payments upon the execution.
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 9-13-90 - Claims authorized; to be on oath

When any sheriff or other officer shall levy an execution or other process on property claimed by a third person not a party to the execution, the person, his agent, or his attorney may make oath claiming 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 5 - CLAIMS (§§ 9-13-90 — 9-13-106) › Section 9-13-91 - Bond and security for damages; how damages determined

The person claiming the property levied on, or his agent or attorney, shall give bond to the sheriff or other levying officer, with good and sufficient security in a sum not larger than double the amount of the execution levied, made payable to the plaintiff in execution. Where the property levied on is of less value than the execution, the amount of the bond shall be double the value of the property levied upon, at a reasonable valuation to be judged by the levying officer, conditioned to pay the plaintiff in execution all damages which the jury on the trial of the claim may assess against the person claiming the property in case it appears that the claim was made for the purpose of delay only.
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 9-13-92 - Affidavit of indigence

In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section
9-13-90
, an affidavit as follows:
"I, A.B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that the claim will be sustained; and that because of my indigence I am unable to give bond and security as required by law."
When the affidavit has been made and delivered to the levying officer, it shall suspend the sale in the same manner as if bond and security had been given.
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 9-13-93 - Postponement of sale

When affidavit and bond have been made and delivered as required in Code Sections
9-13-90
and
9-13-91
, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered.
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 9-13-94 - Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable

(a)
In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution. However, it shall not be lawful to require or take a forthcoming bond for real estate.
(b)
When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance 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 5 - CLAIMS (§§ 9-13-90 — 9-13-106) › Section 9-13-95 - Execution of affidavit and bond by partner or joint owner

One of several partners or persons jointly interested may make the affidavit and execute the bond in the name of the firm or persons jointly interested, who shall be bound thereby as though each individual had signed it himself.
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 9-13-96 - When plaintiff in execution may give forthcoming bond

If the claimant to personal property levied on is unable to give a forthcoming bond, it shall be the privilege of the plaintiff in execution to give the bond, to be approved by the levying officer, and, upon the bond being given and approved, it shall be the duty of the levying officer to deliver the property to the plaintiff. However, in no event shall the plaintiff be allowed any compensation for keeping 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 5 - CLAIMS (§§ 9-13-90 — 9-13-106) › Section 9-13-97 - Sale of property on claimants' application; order; advertisement; disposition of proceeds

In the event the claimant is unable, and the plaintiff neglects or refuses, to give bond for the forthcoming of the property, the claimant may apply to the judge of the probate court and procure an order for the sale of the same; and, when the order has been granted, it shall be the duty of the levying officer to advertise the time and place of sale at not less than three public places, to be selected in different parts of the county in which the sale is to take place, for 15 days immediately preceding the time of sale. On the day of sale, between the hours of 10:00 A.M. and 4:00 P.M., the property shall be sold; and the money arising from the sale shall remain in the hands of the levying officer subject to the order of court upon the final hearing of the claim.
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 9-13-98 - When and where claim, levy, and execution to be returned

When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies.
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 9-13-99 - Return of claim or illegality against execution from probate court

Whenever an execution issued from a probate court is levied upon personal property and a claim to the property or an affidavit of illegality is interposed, it shall be the duty of the sheriff or other levying officer to return the same, together with the execution and all the other papers, to the next term of the superior court of the county from which the execution was issued. If the levy has been made upon realty, the execution, with the claim or illegality papers, shall be returned by the levying officer to the next term of the superior court of the county where the land lies and the issue shall be tried as is provided for the trial of claim and illegality 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 9-13-100 - Claim to be tried by jury

The court to which a claim is returned shall cause the right of property to be decided by a jury at the first term thereof, unless continued in the same manner as 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 9-13-101 - Additional oath of jurors; damages and costs when claim made for delay

Every juror on the trial of the claim of property either real or personal shall be sworn, in addition to the oath usually administered, to give such damages as may seem reasonable and just, in an amount not less than 10 percent of the amount due upon the execution when the value of the property in dispute exceeds the amount of the execution, or of the value of the property when the value of the property is less than the execution levied, to the plaintiff against the claimant in case it shall be shown that the claim was made for delay only. The jury may give a verdict in the manner aforesaid and judgment may be entered thereon against the claimant and his security for the damages so assessed and the costs of the trial.
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 9-13-102 - Burden of proof

Upon the trial of all claims provided for in this article, the burden of proof shall lie upon the plaintiff in execution in all cases where the property levied on is not in possession of the defendant in execution at the time of the levy.