Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00 or $21,500.00 for real or personal property that is the debtor’s primary residence. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property.
History. Ga. L. 1868, p. 27, § 1; Code 1873, § 2002; Code 1882, § 2002; Civil Code 1895, § 2827; Civil Code 1910, § 3377; Code 1933, § 51-101; Ga. L. 1976, p. 346, § 1; Ga. L. 1983, p. 1170, § 2; Ga. L. 2012, p. 1030, § 1/SB 117.
The 2012 amendment, effective May 2, 2012, added “or $21,500.00 for real or personal property that is the debtor’s primary residence” at the end of the first sentence of this Code section.
Law reviews.
For comment on Roquemore v. Goldstein, 100 Ga. App. 591 , 112 S.E.2d 24 (1959), see 12 Mercer L. Rev. 280 (1960).
For note discussing property exempt from execution, see 12 Ga. L. Rev. 814 (1978).
Structure Georgia Code
Chapter 13 - Exemptions From Levy and Sale
Article 1 - Constitutional Exemptions
§ 44-13-1. Amount of Exemption; Who May Claim Exemption; What Charges Enforceable
§ 44-13-1.1. “Dependent” Defined
§ 44-13-3. Supplementation of Exemption
§ 44-13-5. Survey of Lands in Different County
§ 44-13-6. Duty to Provide Full Schedule of Property; Effect of Fraudulent Omissions
§ 44-13-7. Publication of Notice of Application; Form
§ 44-13-8. Written Notice to Creditors; How Given
§ 44-13-9. Time Fixed by Notice for Hearing
§ 44-13-12. Objections to Schedule
§ 44-13-15. How Cash Exempted; Investment in Personalty
§ 44-13-16. Sale of Exempted Property for Reinvestment; Procedure; Effect
§ 44-13-18. Disposition of Rents and Profits Arising From Exempted Property
§ 44-13-19. Costs of Proceedings
§ 44-13-20. Reversion of Property Set Apart for Spouse, Children, or Dependents