Georgia Code
Subpart 1 - In General
§ 44-14-231. Petition for Writ of Possession; Affidavit

Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest may petition, by affidavit, either in person or by his or her agent or attorney in fact or at law, for a writ of possession. Such affidavit shall be made pursuant to the requirements of Code Section 9-10-113 and forwarded with the petition to the appropriate judge, magistrate, or clerk in the county where the debtor may reside or where the secured property is located.
History. Code 1933, § 67-702, enacted by Ga. L. 1974, p. 398, § 1; Ga. L. 1975, p. 1213, § 1; Ga. L. 1978, p. 1705, § 1; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1987, p. 1023, § 2; Ga. L. 2002, p. 630, § 3.
The 2002 amendment, effective July 1, 2002, inserted “or her” and substituted “. Such affidavit shall be made pursuant to the requirements of Code Section 9-10-113” for “before any judge of the superior court, any magistrate, any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property is located. If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property is located, any oath required by this Code section may be made before a judge of any court of record within this state” near the middle.
Law reviews.
For article on this part and personal property foreclosures, see 11 Ga. St. B. J. 230 (1975).

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