reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-5 - Survey of lands in different county

Whenever the applicant does not possess a sufficient amount of realty located in the county of his residence, he may include in his application tracts of land located in counties other than that of his residence. In such case, the judge of the probate court before whom the application is made shall cause the survey, valuation, and plat of the lands lying in counties other than the residence of the applicant to be made by the county surveyor of the county where the lands are located.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-6 - Duty to provide full schedule of property; effect of fraudulent omissions

It shall be the duty of any person who shall claim the benefit of the exemption allowed in this article to act in perfect good faith. As it is in the power of the debtor claiming an exemption of personal property to conceal part of his property or money and to claim the balance as exempt, it shall be the duty of the debtor, when he shall take steps in the probate court to have an exemption of personal property set off to him, to make a full and fair disclosure of all the personal property, including money, stocks, and bonds, which he may possess at the time. All such money or property which he may hold in excess of the exemption shall be subject to levy and sale for the payment of his just debts. If the money or other personal property which the debtor possesses at the time of his application or at the time he obtains the order of court setting off exempt property shall be fraudulently concealed or shall not be delivered up for the benefit of his creditors, no exemption shall be made in his favor until it shall be so delivered up. All orders of the court obtained by the fraudulent concealment of property or obtained while the debtor had personal property, money, stocks, or bonds which he kept out of the reach of the levying officer or did not in good faith deliver up for the benefit of his creditors shall be null and void and of no effect. In such event, the property set off to the debtor by such order or judgment shall be subject to levy and sale as if no such order or judgment had been rendered; and all property in which the debtor shall have invested the money, stocks, bonds, or personal property fraudulently concealed by him or kept out of the reach of his creditors shall be subject to levy and sale and liable to be sold for the payment of any debt then in existence. The debtor who is guilty of willful fraud in the concealment of part of his property which he possessed when he sought the benefit of the exemption shall on account of his fraud lose the benefit of the exemption, and his property shall be subject to the payment of all just debts which he owed at the time such fraud was committed; but the property, when once set off to him by order of the court, shall be exempt as against all debts contracted after that time.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-7 - Publication of notice of application; form

When the schedule has been filed and the application has been made, the judge of the probate court, in order that all persons may know when action will be taken on the petition, shall publish in the newspaper in which the legal advertisements of the county are published, not more than twice, a notice as follows:
"A.B. has applied for exemption of personalty, and setting apart and valuation of realty exempt from levy and sale under Article 1 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, and I will pass upon the same at __________________ M., on the __________________ day of __________________, __________________, at my office. C.D., Judge of the Probate Court."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-8 - Written notice to creditors; how given

In addition to the notice by publication required to be given by Code Section
44-13-7
, the applicant or his agent shall give notice in writing of the filing of the application and of the day of hearing the same to each of his creditors residing in the county. Such notice shall be given at least five days before the hearing and shall be served personally or by leaving a copy at the residence or place of business of his creditor; and the fact that such notice has been given shall be verified by oath of the applicant or his agent. The applicant shall also notify creditors residing outside of the county of his application by preparing written notices of his application and the day of hearing, which notices shall be delivered by him to the judge of the probate court together with stamped envelopes and, if the residence of the creditors shall be known to the petitioner, shall be directed by the judge and mailed to the persons residing out of the county at least 15 days before the day of the hearing.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-9 - Time fixed by notice for hearing

The time fixed by the notice given pursuant to Code Sections
44-13-7
and
44-13-8
shall not be less than 20 nor more than 30 days from the date of the filing of the application and schedule.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-10 - Survey of exempted real property; affidavit of surveyor; return to probate court; objection to survey; failure of surveyor to comply as contempt

(a)
The surveyor to whom the applicant delivers the order pursuant to subsection (d) of Code Section
44-13-4
shall lay off the exempted real property on or out of the land claimed by the applicant and make a plat of the same and shall make an affidavit that the exempted real property is correctly platted and laid off and setting out its value. He shall return the affidavit to the judge of the probate court at least five days before the day appointed in the order for passing upon the application.
(b)
It shall be a valid ground of objection to the propriety of any survey that it has been so made as to injure unjustly or needlessly the value of any land left unexempted by a disregard of the shape and location of the entire tract.
(c)
Should any county surveyor fail to comply with his duty as prescribed by this Code section, he shall be punished for a contempt of court by the judge of the probate court.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-11 - Approval of application; transmittal of copy of exempted real property to other counties; recordation

If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge of the probate court shall endorse upon the schedule and upon the plat: "Approved this the __________________ day of __________________, __________________," filling the blanks, and shall sign the schedule and plat officially and hand such application to the clerk of the superior court of the clerk's county; and, when land out of the clerk's county is exempted, the judge shall transmit a certified copy of the exempted real property to the clerk of the superior court of each county in which exempted land is located. Each clerk of the superior court of a county in which exempted land is located shall record the exempted real property in a book to be kept for that purpose.
Amended by 2011 Ga. Laws 52,§; 83, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-12 - Objections to schedule

Should any creditor of the applicant desire to object to the schedule for want of sufficiency and fullness or for fraud of any kind or to dispute the valuation of the personalty, the propriety of the survey, or the value of the premises so platted as the exempted real property, he shall specify his objections in writing at the time and place appointed for the hearing.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-13 - Appointment of appraisers upon filing of objections; examination and valuation of property; alterations in plat and schedule; approval and recordation; appeal

Upon an objection being made as provided for in Code Section
44-13-12
, unless the applicant shall so alter the schedule or plat or both as to remove the objections, the judge of the probate court shall appoint three disinterested appraisers to examine the property concerning which the objections are made and to value the same. On the appraisers' return under oath, if either the schedule or the plat shall be found to be too large, such alterations shall be made in the schedule and in the plat as the judge may deem proper to bring them within the limits of the value allowed by this article. Thereafter, the judge shall approve the schedule and the plat as required by Code Section
44-13-11
and shall cause the same to be delivered to the clerk of superior court of his or her county who shall record the schedule and plat as required by Code Section
44-13-11
. Either party dissatisfied with the judgment shall have the right to appeal under the same rules, regulations, and restrictions as are provided by law in cases of appeals from the probate court.
Amended by 2016 Ga. Laws 351,§ 10, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-14 - Procedure for exempting town realty valued in excess of exemption; order of probate court; reinvestment of sale proceeds; liability of judge or officer

(a)
If an applicant seeks to have an exemption set apart out of real property located in town which exceeds in value the amount of the exemption which he claims and to which he is entitled to complete his legal exemption and such realty cannot be so divided as to give an exemption of that value, the judge of the probate court may pass an order that, should such property be thereafter sold by virtue of any order, judgment, or decree of any court in this state, so much of the proceeds of the sale as may be necessary to make up, when added to the other exempted property of the applicant, if any, the full amount of the exemption allowed by law shall be paid over to the judge of the probate court by the officer making the sale to be invested in property selected by the applicant by some proper person appointed by such judge, which property shall constitute the exemption of the applicant or a part thereof, as the case may be, after the order of the probate court and the deed of reinvestment have been recorded by the clerk of the superior court.
(b)
Should any ministerial officer of this state, upon being shown a certified copy of the order of the judge of the probate court provided for in subsection (a) of this Code section, fail to retain and pay over to such judge the proceeds as required or should any such judge receiving the proceeds fail to appoint the person required to have the proceeds invested and fail to turn over the proceeds to the person so appointed, such officer or judge and his sureties shall be liable to the applicant for the full amount of the money and 20 percent interest thereon for the period of time he wrongfully withholds the money or any part thereof.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-15 - How cash exempted; investment in personalty

When any person applies for an exemption of personalty and the personalty sought to be exempted consists of cash in whole or in part, before the cash shall be allowed as an exemption, it shall, under the direction of the judge of the probate court, be invested in such articles of personal property as the applicant may desire; when so invested and returned by schedule with or without other property as required by this article, such property shall constitute the exemption of personalty. In no case shall the allowance of cash without such investment be a valid exemption.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-16 - Sale of exempted property for reinvestment; procedure; effect

(a)
Whenever the debtor shall desire the exempted property, whether real or personal, to be sold for reinvestment, an application for the sale of the property must be made to the judge of the superior court of the county where the debtor resides or the property is situated unless the judge is disqualified, in which case application may be made to the judge of the superior court of an adjoining circuit. Upon proper showing, the judge may order a sale of the property; and the proceeds shall be reinvested upon the same uses.
(b)
A sale ordered pursuant to subsection (a) of this Code section shall operate to pass to the purchaser the entire interest and title of the beneficiaries in the exempted property and also the entire interest and title owned, before the exemption was made, by the party out of whose estate the property was so exempted.
(c)
The purchaser shall receive the property sold and shall hold the same, as to all liens thereon against the original debtor and with the same exemption therefrom, for the same length of time as was allowed to the original debtor before the sale; and, by consent of all lien creditors, the liens of such creditors may be divested and transferred to the newly acquired property by the order of the court pursuant to subsection (a) of this Code section.
(d)
An applicant who has obtained an exemption for the spouse, minor children, or dependents of the debtor may apply for an order of sale under subsections (a) through (c) of this Code section. All persons interested shall be parties to the proceeding.
(e)
The judge of the superior court shall order the entire proceedings recorded in the minutes by the clerk of the superior court of the county in which the parties applying for the order of sale reside and, when land is to be sold, in the county where the land is located; and the judge shall provide the means and mode of sale and reinvestment as provided in this Code section.
(f)
This Code section shall apply to the sale of any real or personal property set apart under this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-17 - Sale for reinvestment when application made for debtor's children or dependents or by divorced spouse

Whenever any property has been set apart for the debtor's minor children or dependents and they desire the same to be sold for reinvestment but the debtor fails or refuses to join with them in the application to have such property sold for reinvestment or whenever a divorce has been granted to the spouse of the debtor and the property exempted by this article and sought to be sold for reinvestment has been awarded to that spouse, the proceedings for reinvestment shall be in all respects as binding upon all parties as if the debtor had joined with the minor children, dependents, or spouse, respectively, in the application.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-18 - Disposition of rents and profits arising from exempted property

All produce, rents, or profits arising from property in this state which is exempted under this article shall be for the support of those persons allowed such exemption and shall be exempt from levy and sale except as otherwise provided in this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-19 - Costs of proceedings

Before the approval of the judge of the probate court may be demanded as provided in this article, the applicant shall pay to such judge the cost of the proceedings, including the clerk's cost for recording the same. The applicant shall be bound for such costs if the judge approves the application. If any person filing objections to the schedule or plat fails to have the same sustained, he shall pay the cost of the proceedings.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-20 - Reversion of property set apart for spouse, children, or dependents

Property set apart pursuant to Code Section
44-13-2
for a spouse, for a spouse and minor children, for minor children alone, or for dependents of a debtor (1) upon the death of the spouse or the spouse's remarriage, when set apart to the spouse alone, (2) upon the attaining of the age of 18 by the minor children or their emancipation during minority, when set apart for the minor children, (3) upon the death or remarriage of the spouse and the attaining of the age of 18 by the minor children or the emancipation of the minor children, when set apart to the spouse and minor children, and (4) upon a former dependent person's no longer being eligible to be claimed by the debtor as a dependent for income tax purposes pursuant to Code Section
48-7-26
, shall revert to the estate from which it was set apart unless it was sold or reinvested pursuant to this article, in which case this Code section shall apply to and follow all the reinvestments unless the fee simple has been sold as provided in this article.
Amended by 2006 Ga. Laws 466,§ 8, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 1 - IN GENERAL (§§ 44-13-1 — 44-13-21) › Section 44-13-21 - Effect of article on other exemptions

Nothing contained in this article shall be construed to prevent any debtor who does not wish to avail himself of the benefits of this article from claiming the exemptions allowed by Code Section
44-13-100
. No person who is allowed the exemptions under Code Section
44-13-100
shall take any benefit under this article; nor shall any person who is allowed the exemptions under this article be allowed the exemptions under Code Section
44-13-100
unless the exempted property so elected is lost by virtue of a sale under an outstanding claim, in which event the election shall not bar an application for an exemption under this article not liable to the outstanding claim.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 2 - WAIVER OF EXEMPTIONS (§§ 44-13-40 — 44-13-43) › Section 44-13-40 - Right of debtor to waive exemption

Any debtor may, except as to wearing apparel and $300.00 worth of household and kitchen furniture and provisions, waive or renounce his right to the benefit of the exemption provided for by this article by a waiver, either general or specific, in writing simply stating that he does so waive or renounce such right, which waiver may be stated in the contract of indebtedness or may be made contemporaneously therewith or may be made subsequent to the execution of the contract of indebtedness in a separate paper.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 2 - WAIVER OF EXEMPTIONS (§§ 44-13-40 — 44-13-43) › Section 44-13-41 - Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor

In case of a waiver and the levy of an execution, the debtor may select and set apart $300.00 worth of household and kitchen furniture and provisions as free from levy and sale. If, when such selection is made, the plaintiff in fi. fa. shall be of the opinion that said property is of greater value than $300.00, he may indemnify the levying officer and require him to proceed with the levy upon some part of the property or all if it be incapable of division. It shall then be the right of the debtor to make and deliver to the levying officer an affidavit stating substantially that the property selected is not of greater value than $300.00. The levy and affidavit shall be returned to the next term of the superior court of the county of the residence of the debtor and shall be tried as cases of illegality, the only issue being the value of the property selected. The jury may find generally for the defendant in fi. fa., in which case the levy shall be dismissed, or may find specifically what portion of the property is of the value of $300.00, which portion shall be exempted, and the balance shall be sold; provided, however, that the jury or other tribunal trying the issue made by the levy and affidavit may assess damages, not exceeding 25 percent of the value of the property levied upon, against the plaintiff in execution for any levy made not in good faith for the collection of the execution but for the purpose of harassing the debtor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 2 - WAIVER OF EXEMPTIONS (§§ 44-13-40 — 44-13-43) › Section 44-13-42 - Mode of setting apart household and kitchen furniture and provisions; schedule; recordation; fee

Every debtor seeking the benefit of Code Section
44-13-41
shall make out a schedule of the debtor's household and kitchen furniture and provisions which shall set out the items and value thereof claimed to be exempt and shall return the schedule to the judge of the probate court of the county in which the applicant resides. It shall not be necessary to make any application for such exemption or to publish the schedule in a newspaper. The judge shall record the schedule in a book to be kept by him for that purpose.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 2 - WAIVER OF EXEMPTIONS (§§ 44-13-40 — 44-13-43) › Section 44-13-43 - Spouse or dependent claiming exemption for debtor may not claim own exemption

A person eligible under Code Section
44-13-2
to claim a debtor's exemption as a spouse or dependent of the debtor may not, during the time the debtor's exemption is allowed that person as spouse or dependent, be granted an exemption in that person's own right under this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 3 - LEVY ON AND SALE OF EXEMPTED REAL PROPERTY (§§ 44-13-60 — 44-13-63) › Section 44-13-60 - Affidavit disputing exemption of exempted real property from execution; levy and sale by officer; effect of debtor's counteraffidavit

(a)
When an exemption under this article of realty and personalty or either has been applied for and set apart out of the property of a defendant in execution and the defendant in execution has no property except the real property on which the defendant resides on which to levy, if the plaintiff in execution seeks to have that real property levied on upon the ground that his debt falls within some or one of the classes for which the real property is bound under this article, such plaintiff, his agent, or his attorney may make an affidavit before any officer authorized to administer oaths that to the best of his knowledge and belief the debt upon which the execution is founded is one from which that real property is not exempt. Thereafter, it shall be the duty of the officer into whose hands the execution and the affidavit are placed to proceed at once to levy and sell as though the property had never been set apart.
(b)
The defendant in execution may deny the truth of the plaintiff's affidavit by filing a counteraffidavit with the levying officer. If a counteraffidavit is filed, it shall be the duty of the levying officer to suspend further proceedings under the execution and to return the same together with the two affidavits to the court from which the execution issued.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 3 - LEVY ON AND SALE OF EXEMPTED REAL PROPERTY (§§ 44-13-60 — 44-13-63) › Section 44-13-61 - When and how issue tried

At the first term of the court to which the execution and the affidavits have been returned, an issue shall be formed upon the same and tried as in cases of illegality.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 3 - LEVY ON AND SALE OF EXEMPTED REAL PROPERTY (§§ 44-13-60 — 44-13-63) › Section 44-13-62 - Findings upon the trial; effect

When the finding upon the trial provided for in Code Section
44-13-61
is in favor of the plaintiff in execution, it shall be the duty of the levying officer to proceed immediately with the collection of the debt by the sale of the real property upon which the defendant in execution resides, if necessary. When the finding upon such issue is in favor of the defendant in execution, it shall operate to release that real property without prejudicing any other right of the plaintiff.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 3 - LEVY ON AND SALE OF EXEMPTED REAL PROPERTY (§§ 44-13-60 — 44-13-63) › Section 44-13-63 - Levy or sale of exempted real property as trespass; persons entitled to recovery

Except as provided in Code Section
44-13-60
, any officer knowingly levying on or selling property made exempt from sale shall be guilty of trespass; and any person allowed such exemption may recover for such trespass for their exclusive use.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-80 - Appointment of receiver to sell excess realty

Whenever any person makes an application for an exemption of realty under this article and it appears by the return of the surveyor that the applicant is the owner of more real estate than is allowed to be exempt under this article, it shall be the duty of the judge of the probate court to appoint a receiver to take charge of the excess and to sell the same for the benefit of the creditors of the applicant under regulations set forth in this part.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-81 - Delivery of excess personalty to receiver for disposition

Whenever any person makes an application for an exemption of personalty as provided for by this article and the schedule filed by the person discloses that the person has and is the owner of personal property in excess of that to which he is entitled to have as exempt, the excess shall be delivered by the judge of the probate court to a receiver who shall dispose of the excess for the benefit of the creditors of the applicant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-82 - Sale of realty and distribution of proceeds; priorities

When a receiver is appointed as provided in Code Section
44-13-80
, he shall proceed to advertise the real estate once a week for four weeks in the public newspaper in which the sheriff's sales of the county are advertised. On the first Tuesday of the month immediately following the last advertisement, the receiver shall expose the same for sale at public auction and the money arising from the sale of the property shall be delivered to the judge of the probate court for distribution among the several creditors of the applicant, such distribution to be made according to the dignity of the claims of the several creditors.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-83 - Procedure for sale of personalty

Personal property shall be disposed of in the manner provided in Code Section
44-13-82
, except that the receiver shall advertise the same in three of the most public places of the county for 30 days and shall not be required to advertise the same in a public newspaper.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-84 - Only one receiver authorized

Nothing in this part shall be construed to authorize the appointment of more than one receiver.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-85 - Cancellation of sale upon failure of any creditor to appear and file claim

If no creditors appear and file their claims before the day set apart for the sale of the property, the sale shall not take place; and the property in excess shall be turned over to the applicant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-86 - Bond required of receiver; power of superior court over receiver; settling of conflicts; disposition of excess

When a receiver is appointed under Code Section
44-13-80
, good bond and security shall be required of him by the judge of the probate court for the performance of his duty. The receiver shall be subject to rule in the superior court of the county where he was appointed, as sheriffs are, and shall, under rule of the superior court and not under the order of the judge of the probate court, pay out moneys received by him as sheriffs do when there are conflicting claims to moneys in his hands. When there are no conflicting claims, the receiver shall settle all the claims and turn over any excess to the party legally entitled to the same.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 1 - CONSTITUTIONAL EXEMPTIONS (§§ 44-13-1 — 44-13-87) › Part 4 - SALE OF EXCESS PROPERTY BY RECEIVER (§§ 44-13-80 — 44-13-87) › Section 44-13-87 - Right of applicant to select exempt property

The applicant for exemption from levy and sale of property under this article shall be permitted to select the property to be exempted but not to exceed the amount allowed by law.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-101 - Method of obtaining exemption

Every debtor seeking the benefit of Code Section
44-13-100
or, if he refuses, his wife or any person acting as her next friend shall make out a schedule of the property claimed to be exempt and shall return the schedule to the judge of the probate court of the county without making any application for homestead; and it shall not be necessary to publish the schedule in a newspaper. The judge shall record the schedule in a book to be kept by him for that purpose; and, when land out of his county is exempted, he shall transmit the schedule to the judge of the probate court of the county in which the land is located for recording in like manner.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-102 - Survey and plat of exempted land; return to probate court; recordation

Upon an application by a debtor, it shall be the duty of the county surveyor or any other surveyor if there shall be no county surveyor to lay off the land allowed to the debtor's family under this article and make a plat of the same, which plat shall be returned to the judge of the probate court within 15 days after the application is made to the surveyor by the debtor, and recorded as provided for in Code Section
44-13-101
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-103 - Objections to survey or to valuation of improvements; application to probate court; appointment of appraisers; alterations in survey

Should any creditor, for any cause, desire to dispute the propriety of the survey or the value of the improvements, he may make application to the judge of the probate court and give notice to the debtor thereof. Thereafter, the judge may appoint three appraisers to view the survey and to value the improvements; and, on their return, the judge may direct the surveyor to make such alterations as shall, in his judgment, be conformable to law. It shall be a valid ground of objection to the propriety of any survey that the same has been so made by a disregard of the shape and location of the entire tract as to injure unjustly or needlessly the value of any land left unexempted.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-104 - Town property worth more than $500.00; sale and reinvestment

If the debtor in value owns real property in town which exceeds the sum of $500.00 and it cannot be so divided as to give that amount to his family, he may give notice to the officer levying thereon. When the proceeds of the sale are distributed, the court shall order $500.00 of the same to be invested by some proper person in a home for the family of the debtor, which home shall be exempt as if laid off under this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-105 - Sale of property subject to encumbrance of homestead

If, from any cause, the exempt land has not been laid off when the remainder of the land is offered for sale, the purchaser shall buy subject to the encumbrance of the homestead if he was given notice of the exemption.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-106 - Use of exempted property

The property exempt under this article shall be for the use and benefit of the family of the debtor from whose estate the property has been exempted and allowed. Upon the death of the wife or her subsequent marriage, the property shall remain for the support and benefit of the minor children of the debtor during their minority.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-107 - Exempted property subject to levy and sale for purchase money and taxes

Property exempted from levy and sale as provided for in this article shall not be exempt from levy and sale for the purchase money or for the state and county or municipal taxes.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-108 - Levy or sale of exempt property as trespass; cause of action

Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as required, shall be guilty of a trespass. An action may be brought therefor in the name of the wife or family of the debtor, and the recovery shall be for their exclusive use.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 13 - EXEMPTIONS FROM LEVY AND SALE (§§ 44-13-1 — 44-13-120) › Article 2 - STATUTORY EXEMPTIONS (§§ 44-13-100 — 44-13-120) › Section 44-13-120 - Rights of Georgia residents

As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state in which the judgment was entered if the judgment debtor were a resident of that state.
Added by 2004 Ga. Laws 513, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-1 - Operation of "open-end" clauses; limited to ex contractu obligations between parties

(a)
As used in this Code section, the term "original party" means, without limitation, any bank, trust company, or other corporation into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated. In addition to the foregoing, the term "original party," as used in this Code section, shall also include, without limitation, any bank, trust company, or other corporation, whether organized and existing under the laws of the United States or this state, into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be converted.
(b)
Except as provided in subsection (c) of this Code section, the operation of "open-end" clauses contained in real estate mortgages or deeds conveying realty as security for a debt, which clauses provide that, in addition to securing the debt named or described in the instrument, such instruments or the property thereby conveyed shall also secure any other debt or obligation that may be or become owing by the mortgagor or grantor, is limited to other debts or obligations arising ex contractu, as distinguished from those arising ex delicto, between the original parties to the security instrument.
(c)
A transferee or assignee of an original party to a home equity line of credit agreement or contract who makes additional advances or disbursements on a home equity line of credit shall have the benefit of the security under the deed if the disbursements, made after the assignment, were authorized by the original parties to the home equity line of credit agreement or contract.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-4 - Procedure for recording cancellation of mortgage

Any mortgagor who has paid off his or her mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled. After payment of the fee authorized by law, the clerk shall index and record, in the same manner as the original mortgage instrument is recorded, the canceled and satisfied mortgage instrument or such portion thereof as bears the order of the mortgagee or transferee directing that the mortgage be canceled, together with any order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall show on the index of the cancellation and on the cancellation document the deed book and page number where the original mortgage instrument is recorded. The clerk shall manually or through electronic means record across the face of the mortgage instrument the words "satisfied" and "canceled" and the date of the entry and shall sign his or her name thereto officially. The clerk shall also manually or electronically make a notation on the record of the mortgage to indicate where the order of the cancellation is recorded.
Amended by 2012 Ga. Laws 599,§ I-1-36, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-6 - Wrongful sale or removal of mortgaged property; penalty

After having made a mortgage deed to personal property or a bill of sale to secure debt, any person who sells or otherwise disposes of the property or causes the property to be moved outside of the state before the payment of the mortgage debt or the debt secured by the bill of sale without the consent of and with intent to defraud the mortgagee shall be guilty of a misdemeanor if loss is thereby sustained by the holder of the mortgage or bill of sale.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-7 - Selling or disposing of motor vehicle securing bill of sale with intent to defraud; penalty

After having given a bill of sale to secure debt or other security instrument to any motor vehicle, it shall be unlawful for any person to sell or otherwise dispose of the motor vehicle or to cause the motor vehicle to be moved outside of the state before the payment of the debt secured by the security instrument if the sale, disposition, or removal is without the consent of and with the intent to defraud the holder of the security instrument and if loss is thereby sustained by the holder of the security instrument. Any person who is convicted of violating this Code section shall be imprisoned for not less than one year nor more than three years.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-8 - Removal or other disposal of encumbered property in order to hinder levy; penalty; venue

Any mortgagor, any giver of a purchase money lien, a lien for rent, or any lien created by contract between the parties, or the holder or possessor of any property under such mortgage or liens who runs off, removes, hides, or in any way disposes of the property under the mortgage or lien so as to hinder, delay, or prevent the levying officer of the county of the defendant's bona fide residence from levying on the property covered by the mortgage or lien by virtue of the foreclosure of the mortgage or lien shall be guilty of a misdemeanor. The venue shall be in the county of the defendant's bona fide residence where the search is made.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-9 - Aiding and abetting removal or other disposal; venue; conviction not dependent upon principal's conviction

Any person who intentionally aids or abets in any violation of Code Section
44-14-8
shall be guilty of a misdemeanor as principal in the county where he aided and abetted in the offense, and his trial and conviction shall not be dependent on the trial and conviction of any other person connected therewith.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-10 - Search for property where defendant has no permanent abode; venue of prosecution

When any person who violates Code Section
44-14-8
,
44-14-9
, or
44-14-11
has no permanent place of abode in this state, search may be made in any county into which or through which the property has been carried. Upon the failure to find the property upon which to levy, prosecution may be had against such person in any such county; and such person shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-11 - Entry of nulla bona; shifting of burden of proof

When a search has been made in any of the cases provided by Code Sections
44-14-8
through
44-14-10
by the levying officer for the purpose of levying the execution and the property described therein is not found at the defendant's home, if the defendant fails or refuses to direct the levying officer to the property, the officer shall enter a nulla bona; and the testimony of the officer or the entry of a nulla bona when properly proven shall shift the burden of proof to defendant.