When any sheriff or other officer shall levy an execution or other process on property claimed by a third person not a party to the execution, the person, his agent, or his attorney may make oath claiming the property.
History. Laws 1839, Cobb’s 1851 Digest, p. 535; Code 1863, § 3650; Code 1868, § 3675; Code 1873, § 3725; Ga. L. 1877, p. 22, § 1; Code 1882, § 3725; Civil Code 1895, § 4611; Civil Code 1910, § 5157; Code 1933, § 39-801.
Law reviews.
For note discussing procedure under which third parties may file claims for property levied upon, see 12 Ga. L. Rev. 814 (1978).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-90. Claims Authorized; to Be on Oath
§ 9-13-91. Bond and Security for Damages; How Damages Determined
§ 9-13-92. Affidavit of Indigence
§ 9-13-93. Postponement of Sale
§ 9-13-95. Execution of Affidavit and Bond by Partner or Joint Owner
§ 9-13-96. When Plaintiff in Execution May Give Forthcoming Bond
§ 9-13-97. Sale of Property on Claimants’ Application; Order; Advertisement; Disposition of Proceeds
§ 9-13-98. When and Where Claim, Levy, and Execution to Be Returned
§ 9-13-99. Return of Claim or Illegality Against Execution From Probate Court
§ 9-13-100. Claim to Be Tried by Jury
§ 9-13-101. Additional Oath of Jurors; Damages and Costs When Claim Made for Delay
§ 9-13-103. Withdrawal or Discontinuance of Claim Limited
§ 9-13-104. Trial of Damage Issue Where Claim Dismissed or Withdrawn
§ 9-13-105. How Damages Assessed
§ 9-13-106. Withdrawal of Original Execution and Filing of Copy