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.
History. Ga. L. 1918, p. 262, § 4; Code 1933, § 67-9905.
Editor’s notes.
Ga. L. 1962, p. 156, § 1, provides that any provision of Code Sections 44-14-1, 44-14-2, 44-14-4, 44-14-7 through 44-14-12, 44-14-100, and 44-14-160, and Arts. 2 and 3, Ch. 14, of this title which conflicts with T. 11 shall yield to and be superseded by T. 11. See Code Section 11-10-103.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
§ 44-14-1. Operation of “Open-End” Clauses; Limited to Ex Contractu Obligations Between Parties
§ 44-14-4. Procedure for Recording Cancellation of Mortgage
§ 44-14-5. Practices Prohibited in Connection With Certain Residential Real Estate Transactions
§ 44-14-6. Wrongful Sale or Removal of Mortgaged Property; Penalty
§ 44-14-8. Removal or Other Disposal of Encumbered Property in Order to Hinder Levy; Penalty; Venue
§ 44-14-10. Search for Property Where Defendant Has No Permanent Abode; Venue of Prosecution
§ 44-14-11. Entry of Nulla Bona; Shifting of Burden of Proof
§ 44-14-12. Deceiving as to Existence of Lien; Making Second Deed of Conveyance; Penalty
§ 44-14-15. Fee for a Future Conveyance; Limited Circumstances