Georgia Code
Chapter 13 - Exemptions From Levy and Sale
Article 1 - Constitutional Exemptions

Part 1 - In General

§ 44-13-1. Amount of Exemption; Who May Claim Exemption; What Charges Enforceable - Except as otherwise provided in this article, there shall be...

§ 44-13-1.1. “Dependent” Defined - As used in this article, the term “dependent” means a...

§ 44-13-2. Application for Exemption by Spouse, Minor Children or Representative of Dependents Upon Debtor’s Refusal to Apply - Should a debtor refuse to apply for an exemption under...

§ 44-13-3. Supplementation of Exemption - It shall be the right of the applicant to supplement...

§ 44-13-4. Application for Exemptions; to Whom Made; Contents; Schedule of Property and List of Creditors; Effect of Failure to Comply; Survey - The petition shall comply with all the requirements of the...

§ 44-13-5. Survey of Lands in Different County - Whenever the applicant does not possess a sufficient amount of...

§ 44-13-6. Duty to Provide Full Schedule of Property; Effect of Fraudulent Omissions - It shall be the duty of any person who shall...

§ 44-13-7. Publication of Notice of Application; Form - When the schedule has been filed and the application has...

§ 44-13-8. Written Notice to Creditors; How Given - In addition to the notice by publication required to be...

§ 44-13-9. Time Fixed by Notice for Hearing - The time fixed by the notice given pursuant to Code...

§ 44-13-10. Survey of Exempted Real Property; Affidavit of Surveyor; Return to Probate Court; Objection to Survey; Failure of Surveyor to Comply as Contempt - History. Ga. L. 1868, p. 27, § 4; Code 1873,...

§ 44-13-11. Approval of Application; Transmittal of Copy of Exempted Real Property to Other Counties; Recordation - If, at the time and place appointed for passing upon...

§ 44-13-12. Objections to Schedule - Should any creditor of the applicant desire to object to...

§ 44-13-13. Appointment of Appraisers Upon Filing of Objections; Examination and Valuation of Property; Alterations in Plat and Schedule; Approval and Recordation; Appeal - Upon an objection being made as provided for in Code...

§ 44-13-14. Procedure for Exempting Town Realty Valued in Excess of Exemption; Order of Probate Court; Reinvestment of Sale Proceeds; Liability of Judge or Officer - History. Ga. L. 1868, p. 27, §§ 7, 8; Code...

§ 44-13-15. How Cash Exempted; Investment in Personalty - When any person applies for an exemption of personalty and...

§ 44-13-16. Sale of Exempted Property for Reinvestment; Procedure; Effect - History. Ga. L. 1876, p. 48, § 7; Ga. L....

§ 44-13-17. Sale for Reinvestment When Application Made for Debtor’s Children or Dependents or by Divorced Spouse - Whenever any property has been set apart for the debtor’s...

§ 44-13-18. Disposition of Rents and Profits Arising From Exempted Property - All produce, rents, or profits arising from property in this...

§ 44-13-19. Costs of Proceedings - Before the approval of the judge of the probate court...

§ 44-13-20. Reversion of Property Set Apart for Spouse, Children, or Dependents - Property set apart pursuant to Code Section 44-13-2 for a...

§ 44-13-21. Effect of Article on Other Exemptions - Nothing contained in this article shall be construed to prevent...

Part 2 - Waiver of Exemptions

§ 44-13-40. Right of Debtor to Waive Exemption - Any debtor may, except as to wearing apparel and $300.00...

§ 44-13-41. Selection of Property as to Which Exemption Not Waived; Affidavit as to Valuation; Jury Trial; Penalty for Harassment of Debtor - In case of a waiver and the levy of an...

§ 44-13-42. Mode of Setting Apart Household and Kitchen Furniture and Provisions; Schedule; Recordation; Fee - Every debtor seeking the benefit of Code Section 44-13-41 shall...

§ 44-13-43. Spouse or Dependent Claiming Exemption for Debtor May Not Claim Own Exemption - A person eligible under Code Section 44-13-2 to claim a...

Part 3 - Levy on and Sale of Exempted Real Property

§ 44-13-60. Affidavit Disputing Exemption of Exempted Real Property From Execution; Levy and Sale by Officer; Effect of Debtor’s Counteraffidavit - History. Ga. L. 1871-72, p. 43, §§ 1, 2; Code...

§ 44-13-61. When and How Issue Tried - At the first term of the court to which the...

§ 44-13-62. Findings Upon the Trial; Effect - When the finding upon the trial provided for in Code...

§ 44-13-63. Levy or Sale of Exempted Real Property as Trespass; Persons Entitled to Recovery - Except as provided in Code Section 44-13-60, any officer knowingly...

Part 4 - Sale of Excess Property by Receiver

§ 44-13-80. Appointment of Receiver to Sell Excess Realty - Whenever any person makes an application for an exemption of...

§ 44-13-81. Delivery of Excess Personalty to Receiver for Disposition - Whenever any person makes an application for an exemption of...

§ 44-13-82. Sale of Realty and Distribution of Proceeds; Priorities - When a receiver is appointed as provided in Code Section...

§ 44-13-83. Procedure for Sale of Personalty - Personal property shall be disposed of in the manner provided...

§ 44-13-84. Only One Receiver Authorized - Nothing in this part shall be construed to authorize the...

§ 44-13-85. Cancellation of Sale Upon Failure of Any Creditor to Appear and File Claim - If no creditors appear and file their claims before the...

§ 44-13-86. Bond Required of Receiver; Power of Superior Court Over Receiver; Settling of Conflicts; Disposition of Excess - When a receiver is appointed under Code Section 44-13-80, good...

§ 44-13-87. Right of Applicant to Select Exempt Property - The applicant for exemption from levy and sale of property...