Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the court before which the petition is filed if the petition contains a statement of facts, under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner’s claim and a sufficient ground for the issuance of an immediate writ of possession. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue for merchandise or services rendered on merchandise which was paid for, in whole or in part, by a bad check as the term “bad check” is defined in Code Section 44-14-516.
History. Code 1933, § 67-709, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1989, p. 803, § 1.
Law reviews.
For article on Chapter 67-7 (now 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
Subpart 2 - Foreclosures Arising Out of Commercial Transactions
§ 44-14-262. Grounds for Immediate Writ of Possession
§ 44-14-263. Bond or Waiver Required
§ 44-14-264. Issuance of Writ; Procedure When Showing Insufficient
§ 44-14-265. Service of Notice to Defendant
§ 44-14-266. Execution and Levy