Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231, a levy may be made on the secured property by the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court pursuant to the writ of possession. At the option of the plaintiff, the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court shall either surrender the secured property to the plaintiff for retention or disposition in accordance with Article 9 of Title 11 or shall advertise and sell the same as in the case of levy and sale under execution.
History. Code 1933, § 67-707, enacted by Ga. L. 1974, p. 398, § 1.
Law reviews.
For article on this part and personal property foreclosures, see 11 Ga. St. B. J. 230 (1975).
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 4 - Foreclosures on Personalty
§ 44-14-230. Authority to Foreclose; Execution; Sale
§ 44-14-231. Petition for Writ of Possession; Affidavit
§ 44-14-235. Appeals; Possession Pending Appeal
§ 44-14-236. Execution and Levy; Retention by Plaintiff; Sale
§ 44-14-237. Transfer, Movement, or Conveyance of Property by Defendant After Posting of Bond
§ 44-14-238. Foreclosure When Debts Due in Installments; Treatment of Surplus
§ 44-14-239. Foreclosure Before Debt Due; Grounds; Affidavit
§ 44-14-240. Foreclosure Before Debt Due; Levy and Sale; Disposition of Proceeds
§ 44-14-241. Foreclosure Before Debt Due; Affidavit of Illegality; Bond; Trial of Issue