reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-76 - When transfer made

For the purposes of this article:
(1)
A transfer is made:
(A)
With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(B)
With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;
(2)
If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action;
(3)
If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this Code section, the transfer is made when it becomes effective between the debtor and the transferee;
(4)
A transfer is not made until the debtor has acquired rights in the asset transferred; and
(5)
An obligation is incurred:
(A)
If oral, when it becomes effective between the parties; or
(B)
If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
Amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-77 - Relief for creditor against fraudulent transfer or obligation

(a)
In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section
18-2-78
, may obtain:
(1)
Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2)
An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title; and
(3)
Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(A)
An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(B)
Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(C)
Any other relief the circumstances may require.
(b)
If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-79 - Time for commencement of action

A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:
(1)
Under paragraph (1) of subsection (a) of Code Section
18-2-74
, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2)
Under paragraph (2) of subsection (a) of Code Section
18-2-74
or subsection (a) of Code Section
18-2-75
, within four years after the transfer was made or the obligation was incurred; or
(3)
Under subsection (b) of Code Section
18-2-75
, within one year after the transfer was made or the obligation was incurred.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-80 - Venue

(a)
In this Code section, the following rules determine a debtor's location:
(1)
A debtor who is an individual is located at the individual's principal residence;
(2)
A debtor that is an organization and has only one place of business is located at its place of business; and
(3)
A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b)
A cause of action in the nature of a claim for relief under this article is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
Added by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-81 - Series organization and determinations

(a)
As used in this Code section, the term:
(1)
"Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection.
(2)
"Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(A)
The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series;
(B)
Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; or
(C)
Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(b)
A series organization and each protected series of the organization is a separate person for purposes of this article, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
Added by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-82 - Applicability of principles of law and equity

Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
Renumbered from §
18-2-80
and amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-83 - Uniformity with laws of other states

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting the "Uniform Voidable Transactions Act."
Added by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-84 - Construction with federal provisions

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., but shall not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Added by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-85 - Transfers to charitable organizations; statute of limitations

(a)
As used in this Code section, the term:
(1)
"Charitable organization" means an organization which has qualified as tax-exempt under Section 501(c) (3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.
(2)
"Private foundation" shall have the same meaning as set forth in
26 U.S.C. Section 509(a)
.
(b)
A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section
18-2-74
or
18-2-75
, and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.
(c)
The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.
Renumbered from §
18-2-81
and amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2013 Ga. Laws 328,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-1 - Grounds for attachment

Attachments may issue when the debtor:
(1)
Resides out of the state;
(2)
Moves or is about to move his domicile outside the limits of the county;
(3)
Absconds;
(4)
Conceals himself;
(5)
Resists legal arrest; or
(6)
Is causing his property to be removed beyond the limits of the state.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-2 - Right to seek attachment on money demands generally

In all cases of money demands, whether arising ex contractu or ex delicto, the plaintiff shall have the right to seek attachment when the defendant places himself in such situation as will authorize a plaintiff to seek attachment.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-3 - Attachment prior to debt becoming due; stay of execution when debt not due before final judgment

When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that, where the debt does not become due before final judgment, execution upon the judgment shall be stayed until the debt is due.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-4 - Attachment after action commenced; effect of judgment on pending action

In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject to attachment, the plaintiff may have an attachment against the defendant; and all the proceedings in relation to the same shall be as prescribed in relation to attachments where no action is pending. A satisfaction of the judgment in the common-law action shall satisfy the judgment in attachment, and a satisfaction of the judgment in attachment shall satisfy the judgment in the common-law action.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-5 - Attachment against administrator or executor; entry of final judgment

Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside the limits of any county, provided that final judgment shall not be entered against such administrator or executor until after the expiration of two years from the granting of letters of administration or letters testamentary, as the case may be.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-6 - Attachment against joint contractors or partners

In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon the plaintiff, his agent, or his attorney at law complying with this article. The proceeding against such joint contractor or partner shall be in all respects as in other cases of attachment, except that such attachment shall be levied only upon the separate property of such joint contractor or partner.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-7 - Attachment against nonresident corporations

Attachments may issue against nonresident corporations transacting business within the state under the same rules and regulations as are prescribed in relation to issuing attachments and garnishments in other cases.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-8 - Right of surety or endorser upon an instrument of writing to attach property of principal

(a)
In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section
18-3-1
, such surety or endorser may, upon complying with this chapter, have attachment against his principal. The proceedings shall be in all respects the same as in other cases of attachment, and the money raised by the attachment shall be paid to the person holding the instrument of writing.
(b)
If the surety or endorser has paid the debt, then the money raised upon the attachment or so much thereof as will pay the amount the surety or endorser has paid shall be paid to the surety or endorser.
(c)
In case the debt is not due at the time judgment is rendered against the principal, execution shall be stayed until the debt is due.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-9 - Application for issuance of writ of attachment prior to judgment; contents of application; procedure

(a)
When the plaintiff contends one or more of the grounds set forth in Code Section
18-3-1
exist, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence of the defendant, if known, and, if not known, in the county wherein the property sought to be attached is located, for an order authorizing issuance of a writ of attachment. The application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, the basis and nature of the claim, and the amount of indebtedness claimed therein by the plaintiff.
(b)
Upon presentation of plaintiff's sworn application for a writ of attachment, it shall be the duty of the judge to inquire into the facts alleged, going beyond mere conclusions of fact alleged by the plaintiff and clearly setting forth the facts entitling the creditor to a writ of attachment as set forth in Code Section
18-3-1
. Upon consideration of the inquiry, the judge shall have the discretion to grant or deny the issuance of a writ of attachment. Any order by a judge granting the issuance of a writ of attachment shall be subject to approval of a bond by the clerk of the court, pursuant to Code Section
18-3-10
, prior to filing of the writ of attachment.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-10 - Bond requirements generally

No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of the issuance of the writ of attachment in the event that the amount claimed to be due was not due, that no lawful ground for issuance of the attachment existed, or that the property sought to be attached was not subject to attachment. The bond shall be in a sum equal to twice the amount claimed due in the plaintiff's application. The bond shall be presented to the clerk of the court where the application provided for in Code Section
18-3-9
is sought to be filed for approval by such clerk prior to filing of the writ of attachment.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-10.1 - Service of process in action against nonresident plaintiff for damages

When a person who has been a defendant in attachment desires to bring an action against the plaintiff for damages, and the plaintiff in attachment does not reside in this state, it shall be sufficient to serve the complaint and summons on the security to the bond given by the plaintiff, and the action may proceed against both principal and security.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-11 - Affidavit for attachment and execution of bond when debt due to partnership or several persons jointly

When the debt, for the recovery of which the attachment is sought, is due to a partnership or is due to several persons jointly, any one of the partners or joint creditors, his agent, or his attorney at law may make the affidavit and give the bond as prescribed and sign the names of the other partners or joint creditors to said bond; and the partners or joint creditors shall be bound thereby in the same manner as though they had signed it themselves.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-12 - Persons who may be taken as security or surety on a bond

No person shall be taken as security or surety on any attachment bond who is an attorney for the plaintiff or a nonresident, except such nonresident who is possessed of real estate in the county where the attachment issues which is the value of the amount of such bond.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-13 - Procedure for contesting sufficiency of bond; requirement of additional security or new bond; failure to comply

When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he has a good defense to the action, that the bond given in the action is not a good bond, and stating the ground of its insufficiency. When the affidavit is made and delivered to the levying officer, the officer shall return such attachment together with the affidavit forthwith to the judge issuing the attachment. The judge issuing the attachment shall without delay hear testimony as to the sufficiency of the bond and may in his discretion require additional security or a new bond to be given within such time as he may prescribe. If the plaintiff fails to provide such additional security or new bond, the judge shall dismiss the levy made under the attachment.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-15 - Right of defendant to postseizure hearing

When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff's affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a specified time, which shall not be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the attachment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the attachment shall be revoked.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-16 - Issuance and levy of attachment on Sunday

Attachments may issue and be levied on Sunday when the plaintiff, his agent, or his attorney at law shall state, in his sworn application for a writ of attachment, that he has reason to believe the debt will not be satisfied unless process of attachment shall issue on Sunday and shall also comply with the other provisions of this chapter.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-17 - Courts to which attachments returnable; applicability of rules of civil practice and procedure; filing of declaration in attachment; notice of declaration

(a)
Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section
18-3-9
and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant to default, and by any and all other rules relating to procedure and practice.
(b)
The plaintiff shall file his declaration in attachment within 15 days after the levy of attachment and the declaration shall thereafter be governed by the rules governing ordinary civil actions as provided for in subsection (a) of this Code section. Notice of the declaration shall be given pursuant to Code Section
18-3-14
.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-18 - Applicability of Chapter 10 of Title 9 subsequent to filing of declaration in attachment

All pleadings, defenses, and procedures subsequent to the filing of the declaration in attachment shall be governed by Chapter 10 of Title 9.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 1 - GENERAL PROVISIONS (§§ 18-3-1 — 18-3-20) › Section 18-3-20 - Substantial compliance in matters of form sufficient

A substantial compliance in all matters of form shall be held sufficient in all applications for attachment and in all attachments issued as provided by this chapter.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 2 - LEVY AND REPLEVY OF PROPERTY GENERALLY (§§ 18-3-30 — 18-3-34) › Section 18-3-30 - Duty of officer to whom attachment directed generally and regarding property removed from county

It shall be the duty of any one of the officers to whom an attachment is directed to levy the attachment upon real or personal property of the defendant which is necessary to satisfy the claim of the plaintiff and which may be found in the county of which he is an officer. It shall be the duty of any one of the officers to whom an attachment is directed, where the defendant has removed his property beyond the limits of the county in which the attachment is issued and returnable, to follow the property into any county of the state, levy the attachment upon such property of the defendant which is necessary to satisfy the claim of the plaintiff, and return the property to the county in which the attachment is returnable.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 2 - LEVY AND REPLEVY OF PROPERTY GENERALLY (§§ 18-3-30 — 18-3-34) › Section 18-3-31 - Levy by officer of attachments in order received; entry of time and date of levy on attachment; levy upon land and attachment entry on docket by clerk

In all cases it shall be the duty of the officer levying attachments to levy them in the order in which they come into his hands, and it shall be his duty to enter upon the same the year, month, day, and hour on which he made the levy. Where the levy is upon land, the attachment must be entered on the execution or attachment docket by the clerk of the superior court in order to be good against third persons acting in good faith and without actual notice.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 2 - LEVY AND REPLEVY OF PROPERTY GENERALLY (§§ 18-3-30 — 18-3-34) › Section 18-3-32 - Levy on property in a different county

When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the duty of the judge issuing the attachment, upon the request of the plaintiff, his agent, or his attorney at law, to make out a copy or copies of the original attachment, bond, and affidavit and certify the same officially to be true copies. Upon delivery of the copies of the attachment, bond, and affidavit, as directed, to any officer of the county in which the property of the defendant is located, it shall be the duty of the officer forthwith to levy the attachment upon the property of the defendant located in that county and to return the attachment, with his actings and doings entered thereon, to the court to which the original attachment is returnable.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 2 - LEVY AND REPLEVY OF PROPERTY GENERALLY (§§ 18-3-30 — 18-3-34) › Section 18-3-33 - Replevy of property by defendant generally upon payment of bond; amount of bond; return of property by officer taking bond; right of plaintiff to entry of judgment upon bond

(a)
When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property levied upon to the defendant upon his giving bond, with good security, payable to the plaintiff in attachment, obligating himself to pay the plaintiff the amount of the judgment and costs that he may recover in the case.
(b)
Where the value of the property levied upon, as appraised by the levying officer, is equal to or exceeds the claim of the plaintiff, the bond shall be fixed in an amount equal to the amount claimed to be due. Where the value of the property levied upon, as appraised by the levying officer, is less than the claim of the plaintiff, the bond shall be fixed in an amount equal to twice the value of the property levied upon.
(c)
The officer taking the bond shall return the bond with the attachment to the court to which the attachment is returnable, and the plaintiff shall be entitled to entry of judgment against the defendant and his sureties upon the bond for the amount of the judgment and costs entered against the defendant in the case.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 2 - LEVY AND REPLEVY OF PROPERTY GENERALLY (§§ 18-3-30 — 18-3-34) › Section 18-3-34 - Replevy of property of foreign corporation upon payment of bond; return of bond by levying officer; right of plaintiff to entry of judgment on bond

When an attachment is levied on the property of a foreign corporation, any agent of the corporation may recover the property levied upon by giving a bond, with good security, conditioned to pay the amount of judgment and costs that the plaintiff in attachment may recover in the case. The officer taking the bond shall return the bond with the attachment to the court to which the attachment is made returnable; and the plaintiff shall be entitled to entry of judgment against the corporation and its sureties upon the bond for the amount of the judgment and costs entered against the corporation in the case.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 3 - THIRD-PARTY CLAIMS (§§ 18-3-50 — 18-3-55) › Section 18-3-50 - Procedure generally

(a)
When property is levied on by virtue of an attachment and the same is claimed by any person not a party to the attachment, it shall be the duty of the person claiming the same, his agent, or his attorney at law to make an oath before some person authorized by law to administer an oath that the property levied on is the property of the claimant and is not subject to the attachment according to the best of his knowledge and belief.
(b)
The claimant shall give bond, with good security, payable to the plaintiff in attachment in a sum not larger than double the amount of the attachment levied and, where the property attached is of less value than the attachment, in the judgment of the levying officer, then in double the value of the property conditioned to pay the plaintiff all damages which the jury, on the trial of the right of property, may assess against him in case it should be made to appear that the claim was made for the purpose of delay; and, in case the claim is interposed by the agent or attorney at law of the claimant, the agent or attorney at law shall have power to sign the name of the claimant to the bond, and the claimant shall be bound in the same manner as though he had signed it himself. It shall be the duty of the levying officer taking the affidavit and bond to return the same to the court to which the attachment is returnable, unless the property levied on should be real estate, in which case it shall be his duty to return the same to the superior court of the county where the land lies, provided that, if the claimant is unable to give such bond and security, he may interpose his claim as provided in Code Section
9-15-2
.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 3 - THIRD-PARTY CLAIMS (§§ 18-3-50 — 18-3-55) › Section 18-3-51 - Delivery of property to claimant upon payment of bond; return of affidavit and bond by levying officer

The claimant, his agent, or his attorney at law may give bond, with good security, payable to the levying officer, in a sum equal to double the value of the property claimed, the value to be judged by the levying officer, conditioned to deliver the property at the time and place of sale, provided the same should be found subject to the attachment; and, upon the delivery of the bond to the levying officer, it shall be his duty to deliver such property to the claimant, his agent, or his attorney at law; and it shall be the duty of the levying officer to return the bond, together with the affidavit and claim bond, to the court to which the attachment is returnable; and, when the claim is interposed by the agent or attorney at law of the claimant, the agent or attorney at law shall have power to sign the name of the claimant to the bond, who shall be bound thereby in the same manner as though he had signed it himself.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 3 - THIRD-PARTY CLAIMS (§§ 18-3-50 — 18-3-55) › Section 18-3-52 - Trial of claim

The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other claims in the court to which it is returned.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 3 - THIRD-PARTY CLAIMS (§§ 18-3-50 — 18-3-55) › Section 18-3-53 - Proceedings upon failure of claimant to deliver property pursuant to conditions of bond

Upon the failure of the claimant to deliver the property according to the conditions of the bond, the levying officer may immediately sue the claimant and security upon the bond and recover the full value of the property claimed and also all damages, costs, and charges that the plaintiff may have sustained in consequence of the failure of the claimant to deliver the property.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 3 - THIRD-PARTY CLAIMS (§§ 18-3-50 — 18-3-55) › Section 18-3-54 - Liability of claimant and surety on bond for hire or use of property where plaintiff's debt unsatisfied

(a)
In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use of the property while the same has been in the possession of the claimant and also full damages for any deterioration of the value of the property, by use or otherwise, while the same has been in the possession of the claimant, provided such recovery shall not exceed the amount of the debt that may remain due from the defendant in attachment to the plaintiff.
(b)
The remedy provided in this Code section is and shall be extended to all other claims in the cases herein provided for.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 3 - THIRD-PARTY CLAIMS (§§ 18-3-50 — 18-3-55) › Section 18-3-55 - Interposition of claim before or after judgment

In cases of attachment, the claim may be interposed either before or after judgment.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 4 - JUDGMENT, EXECUTION, AND LEVY (§§ 18-3-70 — 18-3-75) › Section 18-3-70 - Property bound by judgment in attachment

When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached and the judgment shall be entered only against such property.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 4 - JUDGMENT, EXECUTION, AND LEVY (§§ 18-3-70 — 18-3-75) › Section 18-3-71 - Setting aside judgment

A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 4 - JUDGMENT, EXECUTION, AND LEVY (§§ 18-3-70 — 18-3-75) › Section 18-3-72 - Execution and levy on judgment

After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the attachment, as aforesaid, the execution shall be issued against such property only and that property only shall be levied on and sold.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 4 - JUDGMENT, EXECUTION, AND LEVY (§§ 18-3-70 — 18-3-75) › Section 18-3-73 - Application of proceeds of sale

All money raised by the sale of defendant's property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of any attachment of younger levy.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 4 - JUDGMENT, EXECUTION, AND LEVY (§§ 18-3-70 — 18-3-75) › Section 18-3-74 - When lien arises; priorities

The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 3 - ATTACHMENT PROCEEDINGS (§§ 18-3-1 — 18-3-75) › Article 4 - JUDGMENT, EXECUTION, AND LEVY (§§ 18-3-70 — 18-3-75) › Section 18-3-75 - Entry on attachment docket; effect of failure to make such entry

As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this Code section shall be construed to affect the validity or force of any attachment as between the parties thereto.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-1 - Definitions

As used in this chapter, the term:
(1)
"Disposable earnings" means that part of the earnings of an individual remaining after the deduction for federal income tax, state income tax, withholdings for the Federal Insurance Contributions Act (FICA), and other mandatory deductions required by law.
(2)
"Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, fee, bonus, tips, overtime, or severance pay, including recurring periodic payments from pensions or retirement plans, including, but not limited to, the United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts.
(3)
"Entity" means a public corporation or a corporation, limited liability company, partnership, limited partnership, professional corporation, firm, or other business organization other than a natural person.
(4)
"Financial institution" means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, any money market mutual fund, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
(5)
"Garnishee answer" or "garnishee's answer" means the response filed by a garnishee responding to a summons of garnishment detailing the money or other property of the defendant that is in the possession of the garnishee or declaring that the garnishee holds no such money or other property of the defendant.
(6)
"Public corporation" means any department, agency, branch of government, or political subdivision, as such term is defined in Code Section
50-15-1
, or any public board, bureau, commission, or authority created by the General Assembly.
(7)
"Statutory overnight delivery" shall have the same meaning as defined in Code Section
9-10-12
.
Amended by 2020 Ga. Laws 574,§ 1, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-2 - Uniform procedures for garnishment; entitlement to procedures; application of the Civil Practice Act; amendment

(a)
The procedure in garnishment cases shall be uniform in all courts throughout this state that have jurisdiction to preside over garnishment proceedings.
(b)
In all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the "Uniform Foreign-Country Money Judgments Recognition Act," or Article 6 of Chapter 12 of Title 9, the "Uniform Enforcement of Foreign Judgments Law," the plaintiff shall be entitled to the process of garnishment.
(c)
Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings in the state courts and superior courts of this state.
(d)
Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court; however, no person or entity not named as garnishee in the original affidavit of garnishment filed in an action may be added as a garnishee by any amendment in such action absent a showing that any such amendment is done to correct or clarify the identity of an originally named garnishee.
Amended by 2020 Ga. Laws 574,§ 2, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-3 - Affidavit and requirements; summons of garnishment

(a)
The plaintiff, the plaintiff's attorney, or the plaintiff's agent shall make, on personal knowledge or belief, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount remaining due on the judgment, the name of the court which rendered the judgment, and the case number thereof.
(b)
Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed.
(c)
An affidavit of garnishment may be electronically submitted to the clerk or deputy clerk of the court if the court has promulgated rules authorizing such submission.
(d)
The form for an affidavit of garnishment is set forth in Code Section
18-4-71
.
(e)
The amount remaining due on a judgment may include, at the election of the plaintiff, any and all unrecovered filing and service fees paid to a court of this state, or to any sheriff, marshal, constable, or other such person authorized by law to serve process, for previous garnishment actions based on such judgment.
Amended by 2020 Ga. Laws 574,§ 3, eff. 1/1/2021.
Amended by 2018 Ga. Laws 459,§ 1, eff. 5/8/2018.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 1 - GENERAL PROVISIONS (§§ 18-4-1 — 18-4-26) › Section 18-4-4 - Process of garnishment; period of garnishment

(a)
All obligations owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the garnishee and all obligations accruing from the garnishee to the defendant throughout the garnishment period shall be subject to the process of garnishment. No payment made by the garnishee to the defendant or on his or her behalf, or by any arrangement between the defendant and the garnishee, after the date of service of the summons of garnishment upon the garnishee shall defeat the lien of such garnishment.
(b)
All money or other property of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment upon the garnishee or coming into the possession or control of the garnishee throughout the garnishment period shall be subject to the process of garnishment, provided that, in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed, even if not then due, on the debt for which the securities were given as collateral.
(c)
The garnishment period shall begin on the day of service of the summons of garnishment and, for:
(1)
A continuing garnishment, shall include the next 1,095 days;
(2)
Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days;
(3)
A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and
(4)
All other garnishments, shall include the next 29 days.
Amended by 2020 Ga. Laws 574,§ 4, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.