When any execution is issued against a tax collector, tax commissioner, or taxpayer for taxes due the state or a county of the state and the sheriff or other officer levies the execution on property claimed by a person not a party to the execution, the claimant shall make the same oath as required in other claim cases and give bond and security for the amounts claimed in the execution plus costs. The same proceedings shall be had on the claim as are provided for the trial of the right of property, except that the trial shall be held in the county in which the levy was made. If the property is found to be subject to the execution, the liability of the claimant and his sureties shall be in all respects the same as the liability on an appeal bond.
History. Laws 1810, Cobb’s 1851 Digest, p. 1056; Laws 1840, Cobb’s 1851 Digest, p. 1072; Code 1863, §§ 818, 3657; Code 1868, §§ 898, 3682; Code 1873, §§ 896, 3732; Code 1882, §§ 896, 3732; Civil Code 1895, §§ 899, 900; Civil Code 1910, §§ 1159, 1160; Code 1933, § 92-7801; Code 1933, § 91A-328, enacted by Ga. L. 1978, p. 309, § 2.
Structure Georgia Code
Title 48 - Revenue and Taxation
Article 1 - General Provisions
§ 48-3-2. Executions Against Foreign Corporations
§ 48-3-3. Executions by Tax Collectors and Commissioners
§ 48-3-4. Selection of Property to Be Levied
§ 48-3-5. Geographical Scope of Tax Executions
§ 48-3-6. Leviers of Executions; Aggregating Multiple Executions
§ 48-3-8. Interest on Executions
§ 48-3-9. Notice of Levy to Owner of Security Deed or Mortgage; Lists; Fees
§ 48-3-12. Issuance of Garnishments by Tax Collectors and Tax Commissioners; Proceedings
§ 48-3-13. Petition to Reduce Execution to Judgment — Procedures
§ 48-3-14. Petition to Reduce Execution to Judgment — Procedures for Nonresident
§ 48-3-15. Petition to Reduce Execution to Judgment — Demand for Jury Trial; Issues
§ 48-3-16. Petition to Reduce Execution to Judgment — Procedures When Respondent Fails to Appear
§ 48-3-19. Transfer of Executions
§ 48-3-20. Interest on Transferred Executions
§ 48-3-21. Statute of Limitations for Tax Executions
§ 48-3-22. Statutory Limitations Applicable to Tax Executions
§ 48-3-24. Interposition of Claims; Oath; Bond; Trial
§ 48-3-25. Remittance of Money Collected on Process
§ 48-3-26. Judicial Interference in Tax Levies
§ 48-3-27. Obstructing Levying Officers; Penalty
§ 48-3-28. Release of State Tax Execution Upon Full Satisfaction