When an execution against the property of any person issues illegally, or is proceeding illegally, and the execution is levied on such property, the person may make oath in writing, stating the cause of the illegality, and deliver the same to the sheriff or other executing officer together with bond and good security for the forthcoming of the property, as provided by this article.
History. Laws 1799, Cobb’s 1851 Digest, p. 509; Laws 1838, Cobb’s 1851 Digest, p. 514; Code 1863, § 3591; Code 1868, § 3614; Code 1873, § 3664; Code 1882, § 3664; Civil Code 1895, § 4736; Civil Code 1910, § 5305; Code 1933, § 39-1001.
Law reviews.
For note discussing legal and equitable relief from execution available to debtors, see 12 Ga. L. Rev. 814 (1978).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-120. Affidavit of Illegality — When Authorized; Bond and Security
§ 9-13-121. Affidavit of Illegality — to Show Lack of Service; Not Available to Go Behind Judgment
§ 9-13-122. Affidavit of Illegality — Not Available for Excessive Levy Generally
§ 9-13-123. Affidavit of Illegality — by Whom Filed
§ 9-13-124. Affidavit of Illegality — When Received
§ 9-13-125. Affidavit of Illegality — When and How Amendable
§ 9-13-126. Amount and Condition of Forthcoming Bond
§ 9-13-128. Damages for Delay; Procedure Following Dismissal or Withdrawal of Illegality