Except as otherwise provided by law, executions shall be issued by the clerk of the court in which judgment is obtained, shall bear teste in the name of the judge of such court, shall bear date from the time of their issuing, shall be directed “To all and singular the sheriffs of this state and their lawful deputies,” and may be levied on all the estate of the defendant, both real and personal, which is subject to levy and sale.
History. Laws 1799, Cobb’s 1851 Digest, p. 510; Code 1863, § 3553; Code 1868, § 3576; Code 1873, § 3632; Code 1882, § 3632; Civil Code 1895, § 5413; Civil Code 1910, § 6018; Code 1933, § 39-101.
Law reviews.
For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
Article 1 - General Provisions
§ 9-13-1. Entry and Signing of Judgment Prerequisite to Execution
§ 9-13-2. Execution Suspended by Appeal
§ 9-13-3. Execution to Follow Judgment
§ 9-13-4. Judge May Frame Executions
§ 9-13-5. Amendment of Execution — to Conform to Judgment or Time of Return
§ 9-13-6. Amendment of Execution — to Conform to Amended Judgment
§ 9-13-7. Amendment of Execution — to Correct Mistake in Issuance; Alias Execution
§ 9-13-8. Issuance of Alias Execution to Replace Lost Original
§ 9-13-9. When Execution Returnable
§ 9-13-10. Issuance of Execution; to Whom Directed; on What Property Levied
§ 9-13-11. Direction, Levy, Service, and Return of Execution When Sheriff a Party
§ 9-13-12. Entry of Levy on Process
§ 9-13-13. Written Notice of Levy on Land
§ 9-13-14. Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected