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.
History. Ga. L. 1868, p. 27, § 14; Code 1873, § 2032; Ga. L. 1876, p. 48, § 8; Code 1882, § 2032; Civil Code 1895, § 2854; Civil Code 1910, § 3404; Code 1933, § 51-906; Code 1981, § 44-13-22; Code 1981, § 44-13-21 , as redesignated by Ga. L. 1983, p. 1170, § 1.
Editor’s notes.
Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-22 as this Code section. The 1983 Act also redesignated former Code Section 44-13-21, relating to reversion of property set aside for spouse, children, or dependents, as present Code Section 44-13-20.
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