When the execution provided for by Code Section 44-14-300 is delivered to a constable, he shall levy on the property wherever it may be found; and, after advertising the same for ten days preceding the sale by giving a full description of the property to be sold and the process under which he is proceeding in a written advertisement at three or more public places in the district in which the property may be found, he shall put up and expose the property for sale as provided in this Code section; provided, however, that the sale shall be had within the legal hours of sale on a regular court day and at the usual place of holding magistrate courts for the district. The constable shall put up and expose the property for sale at the time and place and in the same manner as constable’s sales are required to be held.
History. Ga. L. 1878-79, p. 152, § 2; Ga. L. 1882-83, p. 67, § 1; Code 1882, § 3974b; Civil Code 1895, § 2761; Civil Code 1910, § 3294; Code 1933, § 67-902; Ga. L. 2003, p. 140, § 44.
The 2003 amendment, effective May 14, 2003, part of an Act to revise, modernize, and correct the Code, substituted “magistrate” for “justice” near the end of the first sentence.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 4 - Foreclosures on Personalty
Subpart 4 - Foreclosures in Magistrate Court
§ 44-14-300. Amount of Mortgage; Filing of Affidavit; Execution
§ 44-14-301. Notice to Mortgagor
§ 44-14-302. Levy and Sale of Property; Advertisement
§ 44-14-303. Defenses by Mortgagor; Hearing in Magistrate’s Court