One judgment may be set off against another, on motion, whether in the hands of an original party or an assignee. The balance on the larger is collectable under execution. The rights of an assignee shall not be interfered with if bona fide and for value.
History. Orig. Code 1863, §§ 2843, 3396; Code 1868, §§ 2851, 3415; Code 1873, §§ 2902, 3467; Code 1882, §§ 2902, 3467; Civil Code 1895, §§ 3748, 5086; Civil Code 1910, §§ 4342, 5670; Code 1933, § 39-605; Ga. L. 1993, p. 91, § 9.
Law reviews.
For survey article on recent developments in Georgia law of remedies, see 34 Mercer L. Rev. 397 (1982).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
Article 4 - Satisfaction or Discharge of Judgment and Execution
§ 9-13-70. Suspension of Execution for 60 Days Pending Payment; Bond
§ 9-13-71. Sufficient Levy on Personalty Prima-Facie Satisfaction; Effect of Dismissal
§ 9-13-72. Release of Property Subject to Execution
§ 9-13-73. Application of Fund to Younger Lien With Senior Lienholder’s Consent
§ 9-13-74. Release by Agreement
§ 9-13-75. Setoff of Judgments; Collection of Balance
§ 9-13-76. Execution by Defendant After Setoff
§ 9-13-77. Control of Execution After Payment — by Security
§ 9-13-78. Control of Execution After Payment — by Joint Debtor
§ 9-13-79. Partial Payments to Be Entered
§ 9-13-80. Execution to Be Canceled When Satisfied; Private Right of Action; Damages