Georgia Code
Part 1 - In General
§ 44-14-320. Certain Liens Established; Removal of Nonconforming Liens

The petition must be executed by the movant or movant’s attorney. The order may be entered as early as the date of filing of the petition and shall set forth that, upon review of the petition and the certified copy of the recorded instrument attached thereto, it is the order of the court that said lien is a nonconforming lien under this Code section and that the clerk of the court is ordered to record the order and mark the nonconforming lien canceled of record.
The affidavit filed for such government official or employee must be executed by the Attorney General or a deputy or assistant attorney general in the case of an official or employee of the government of this state or a branch thereof, the attorney representing a political subdivision of this state in the case of an official or employee of such political subdivision, or a United States attorney or an assistant United States attorney in the case of an official or employee of the government of the United States or a branch thereof. The lien shall be conclusively presumed to be nonconforming upon the filing of such affidavit, and the clerk of the court shall instanter mark the recorded nonconforming lien: “CANCELED OF RECORD PURSUANT TO AFFIDAVIT DATED _______________ , RECORDED AT DEED BOOK _______________ , PAGE _______________ . THIS _______________ DAY OF _______________ , _______________ .”
History. Ga. L. 1873, p. 42, § 1; Code 1873, § 1972; Code 1882, § 1972; Civil Code 1895, § 2787; Ga. L. 1909, p. 151, § 1; Civil Code 1910, § 3329; Code 1933, § 67-1701; Ga. L. 1956, p. 562, § 1; Ga. L. 1997, p. 970, § 2; Ga. L. 1997, p. 1050, § 3; Ga. L. 1999, p. 81, § 44; Ga. L. 2000, p. 1487, § 1; Ga. L. 2019, p. 294, § 1/HB 387.
The 2000 amendment, effective May 1, 2000, in subsection (b), added the paragraph designations, in paragraph (1), in the first sentence, inserted a comma following “municipal”, and deleted a comma following “ordinance”, and added “and shall not be eligible for filing and recording” in the second sentence, and, in paragraph (2), inserted “a” preceding “nullity”, substituted “, even if” for “even though”, and deleted “duly” preceding “filed,”; and, in subsection (c), designated the former undesignated language as paragraph (1), redesignated former paragraphs (1) through (3) as present subparagraphs (c)(1)(A) through (c)(1)(C), respectively, and added paragraph (2).
The 2019 amendment, effective July 1, 2019, deleted “and” at the end of paragraph (a)(15), substituted “; and” for the period at the end of paragraph (a)(16), and added paragraph (a)(17).
Cross references.
Liens for attorneys’ services, §§ 15-19-14 , 15-19-15 .
Child support liens in favor of Department of Human Resources, § 19-11-18 .
Liens of innkeepers on property of guests, § 43-21-5 et seq.
Holding of liens on one’s own property, § 44-6-3 .
Tax liens, § 48-5-28 .
Law reviews.
For article, “The Rights of Attorneys and Their Clients in Fee Disputes,” see 16 Ga. St. B.J. 150 (1980).

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