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Chapter 2 - Debtor and Creditor Relations
Article 1 - General Provisions
§ 18-2-1. Creation of Relationship of Debtor and Creditor - Whenever one person, by contract or by law, is liable...
§ 18-2-2. Compulsory Election of Remedy Least Likely to Jeopardize Rights of Other Creditors - As among themselves, creditors shall so prosecute their own rights...
§ 18-2-3. Reaching of Equitable Assets by Creditors - Courts of equity jurisdiction shall assist creditors in reaching equitable...
Article 2 - Acts Void as Against Creditors
§ 18-2-20. Rights of Creditors to Be Favored by Courts - The rights of creditors shall be favored by the courts;...
§ 18-2-21. Right of Creditors to Attack Judgments, Conveyances, or Other Arrangements Interfering With Creditors’ Rights - Creditors may attack as fraudulent a judgment, conveyance, or any...
§ 18-2-24. Effect of Giving Debtor Permission to Exercise Control or Use of Property as Security for Any Debt - Where any property is conveyed, assigned, or mortgaged as security...
§ 18-2-25. Effect of Misrepresentation or Private Agreement Giving Preference Upon Settlement Between Debtor and Creditor - If a debtor misrepresents or suppresses any material fact in...
Article 3 - Preferences and Assignments for Benefit of Creditors
§ 18-2-40. Right of Debtor to Prefer Creditors - A debtor may prefer one creditor over another; and to...
§ 18-2-41. Rights of Nonmunicipal Corporation - Any corporation, not municipal, may make an assignment for the...
§ 18-2-42. Rights of Persons and Firms - Persons and firms may make assignments and prefer creditors. History....
§ 18-2-43. Execution, Filing, and Recording Deeds of Assignment - In all cases the deed of assignment for the benefit...
§ 18-2-44. Property to Be Conveyed Generally; Description of Property; Attachment of List of Creditors of Assignor - History. Ga. L. 1894, p. 90, § 4; Civil Code...
§ 18-2-45. Conveyances; Statements as to Aggregate Amounts - Assignments referred to in Code Section 18-2-42 shall convey all...
§ 18-2-46. Annexation of Affidavit to Deed of Assignment; Contents of Affidavit - At the time of signing the deed of assignment provided...
§ 18-2-47. List of All Property of Assignor at Time of Assignment; Affidavits of Assignor and Assignee as to Accuracy of List - Within 15 days after the recording of the assignment provided...
§ 18-2-48. List to Remain on File Ten Days - The list referred to in Code Section 18-2-47 shall remain...
§ 18-2-49. Correcting of Mistake in List of Assets or Creditors - Where an unintentional mistake or omission has been made in...
§ 18-2-50. Notification of Creditors of Filing of Assignment; Notification of Actions Attacking Assignment; Sufficient Notice - Within 30 days after filing the assignment, the assignee shall...
§ 18-2-51. Foreign Assignments to Conform With Georgia Law - No property in this state shall pass under any assignment...
§ 18-2-52. Providing and Filing of Bond by Assignee; Amount of Bond - Upon the request of any three of the creditors of...
§ 18-2-53. Duties of Assignee Generally; Payment of Preferred Debts After Filing - The assignee shall proceed to carry out the duties imposed...
§ 18-2-54. Powers and Rights of Assignee - The assignee shall succeed to all rights of the assignor...
§ 18-2-55. Nature of Actions to Set Aside Assignments Generally; Priorities and Payment to Creditors on Judgments Rendered After Filing of Complaint to Set Aside Assignment - No assignment shall be set aside except in a direct...
§ 18-2-56. Parties to Actions to Set Aside Assignments - In all actions to set aside assignments, the assignee and...
§ 18-2-57. Proof Required in Rendering an Assignment Void - When the assignment is attacked as fraudulent or void for...
§ 18-2-58. Judgment Not Required Before Action Against Assignor or Assignee - No creditor shall be required to reduce his debt to...
§ 18-2-59. Appointment of New Assignees Upon Death or Removal From Jurisdiction of Courts of State of Sole or Surviving Assignee - In all cases of assignments for the benefit of creditors,...
Article 4 - Uniform Voidable Transactions Act
§ 18-2-70. Short Title - This article, which was formerly known and cited as the...
§ 18-2-71. Definitions - As used in this article, the term: History. Code 1981,...
§ 18-2-72. Determining Insolvency - History. Code 1981, § 18-2-72 , enacted by Ga. L....
§ 18-2-73. Value Given for Transfer - History. Code 1981, § 18-2-73 , enacted by Ga. L....
§ 18-2-74. Voidable Transfer; Determination of Actual Intent - History. Code 1981, § 18-2-74 , enacted by Ga. L....
§ 18-2-75. Transfer or Obligation Voidable if Incurred Without Receiving Reasonably Equivalent Value - History. Code 1981, § 18-2-75 , enacted by Ga. L....
§ 18-2-76. When Transfer Made - For the purposes of this article: History. Code 1981, §...
§ 18-2-77. Relief for Creditor Against Fraudulent Transfer or Obligation - History. Code 1981, § 18-2-77 , enacted by Ga. L....
§ 18-2-78. Conditions for Voidability of Transfer or Obligation; Judgment - History. Code 1981, § 18-2-78 , enacted by Ga. L....
§ 18-2-79. Time for Commencement of Action - A cause of action with respect to a fraudulent transfer...
§ 18-2-80. Venue - History. Code 1981, § 18-2-80 , enacted by Ga. L....
§ 18-2-81. Series Organization and Determinations - History. Code 1981, § 18-2-81 , enacted by Ga. L....
§ 18-2-82. Applicability of Principles of Law and Equity - Unless displaced by the provisions of this article, the principles...
§ 18-2-83. Uniformity With Laws of Other States - This article shall be applied and construed to effectuate its...
§ 18-2-84. Construction With Federal Provisions - This article modifies, limits, and supersedes the federal Electronic Signatures...
§ 18-2-85. Transfers to Charitable Organizations; Statute of Limitations - History. Code 1981, § 18-2-81 , enacted by Ga. L....
Chapter 3 - Attachment Proceedings
§ 18-3-1. Grounds for Attachment - Attachments may issue when the debtor: History. Laws 1799, Cobb’s...
§ 18-3-2. Right to Seek Attachment on Money Demands Generally - In all cases of money demands, whether arising ex contractu...
§ 18-3-3. Attachment Prior to Debt Becoming Due; Stay of Execution When Debt Not Due Before Final Judgment - When the debt is not due, the debtor shall be...
§ 18-3-4. Attachment After Action Commenced; Effect of Judgment on Pending Action - In all cases where the plaintiff has commenced an action...
§ 18-3-5. Attachment Against Administrator or Executor; Entry of Final Judgment - Process of attachment may issue against an administrator of an...
§ 18-3-6. Attachment Against Joint Contractors or Partners - In cases of joint contractors and partners, where any one...
§ 18-3-7. Attachment Against Nonresident Corporations - Attachments may issue against nonresident corporations transacting business within the...
§ 18-3-8. Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal - History. Laws 1820, Cobb’s 1851 Digest, p. 75; Laws 1842,...
§ 18-3-9. Application for Issuance of Writ of Attachment Prior to Judgment; Contents of Application; Procedure - History. Ga. L. 1855-56, p. 25, § 2; Code 1863,...
§ 18-3-10. Bond Requirements Generally - No writ of attachment shall issue unless accompanied by a...
§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages - When a person who has been a defendant in attachment...
§ 18-3-11. Affidavit for Attachment and Execution of Bond When Debt Due to Partnership or Several Persons Jointly - When the debt, for the recovery of which the attachment...
§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond - No person shall be taken as security or surety on...
§ 18-3-13. Procedure for Contesting Sufficiency of Bond; Requirement of Additional Security or New Bond; Failure to Comply - When any attachment shall be issued and levied upon the...
§ 18-3-14. Service of Writ of Attachment on Defendant; Notification of Defendant of Issuance of Attachment - History. Laws 1799, Cobb’s 1851 Digest, p. 70; Ga. L....
§ 18-3-15. Right of Defendant to Postseizure Hearing - When a writ of attachment is issued against the property...
§ 18-3-16. Issuance and Levy of Attachment on Sunday - Attachments may issue and be levied on Sunday when the...
§ 18-3-17. Courts to Which Attachments Returnable; Applicability of Rules of Civil Practice and Procedure; Filing of Declaration in Attachment; Notice of Declaration - History. Laws 1799, Cobb’s 1851 Digest, pp. 70, 638; Ga....
§ 18-3-18. Applicability of Chapter 10 of Title 9 Subsequent to Filing of Declaration in Attachment - All pleadings, defenses, and procedures subsequent to the filing of...
§ 18-3-19. Forms for Attachment - In all cases of attachment, the form of the affidavit,...
§ 18-3-20. Substantial Compliance in Matters of Form Sufficient - A substantial compliance in all matters of form shall be...
Article 2 - Levy and Replevy of Property Generally
§ 18-3-30. Duty of Officer to Whom Attachment Directed Generally and Regarding Property Removed From County - It shall be the duty of any one of the...
§ 18-3-31. Levy by Officer of Attachments in Order Received; Entry of Time and Date of Levy on Attachment; Levy Upon Land and Attachment Entry on Docket by Clerk - In all cases it shall be the duty of the...
§ 18-3-32. Levy on Property in a Different County - When the plaintiff in attachment wishes to levy his attachment...
§ 18-3-33. Replevy of Property by Defendant Generally Upon Payment of Bond; Amount of Bond; Return of Property by Officer Taking Bond; Right of Plaintiff to Entry of Judgment Upon Bond - History. Laws 1799, Cobb’s 1851 Digest, p. 71; Laws 1816,...
§ 18-3-34. Replevy of Property of Foreign Corporation Upon Payment of Bond; Return of Bond by Levying Officer; Right of Plaintiff to Entry of Judgment on Bond - When an attachment is levied on the property of a...
Article 3 - Third-Party Claims
§ 18-3-50. Procedure Generally - History. Laws 1814, Cobb’s 1851 Digest, p. 72; Ga. L....
§ 18-3-51. Delivery of Property to Claimant Upon Payment of Bond; Return of Affidavit and Bond by Levying Officer - The claimant, his agent, or his attorney at law may...
§ 18-3-52. Trial of Claim - The third-party claim shall be tried in the same manner...
§ 18-3-53. Proceedings Upon Failure of Claimant to Deliver Property Pursuant to Conditions of Bond - Upon the failure of the claimant to deliver the property...
§ 18-3-54. Liability of Claimant and Surety on Bond for Hire or Use of Property Where Plaintiff’s Debt Unsatisfied - History. Ga. L. 1855-56, p. 25, § 38; Code 1863,...
§ 18-3-55. Interposition of Claim Before or After Judgment - In cases of attachment, the claim may be interposed either...
Article 4 - Judgment, Execution, and Levy
§ 18-3-70. Property Bound by Judgment in Attachment - When the defendant has given bond and security, or when...
§ 18-3-71. Setting Aside Judgment - A judgment in attachment may be set aside in a...
§ 18-3-72. Execution and Levy on Judgment - After the judgment has been obtained in any case of...
§ 18-3-73. Application of Proceeds of Sale - All money raised by the sale of defendant’s property or...
§ 18-3-74. When Lien Arises; Priorities - The lien of an attachment is created by the levy...
§ 18-3-75. Entry on Attachment Docket; Effect of Failure to Make Such Entry - As against the interests of third parties acting in good...
Chapter 4 - Garnishment Proceedings
§ 18-4-1. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 18-4-2. Uniform Procedures for Garnishment; Entitlement to Procedures; Application of the Civil Practice Act; Amendment - History. Code 1981, § 18-4-2 , enacted by Ga. L....
§ 18-4-3. Affidavit and Requirements; Summons of Garnishment - History. Code 1981, § 18-4-3 , enacted by Ga. L....
§ 18-4-4. Process of Garnishment; Period of Garnishment - History. Code 1981, § 18-4-4 , enacted by Ga. L....
§ 18-4-5. Maximum Part of Disposable Earnings Subject to Garnishment; Adverse Employment Action Prohibited - History. Code 1981, § 18-4-5 , enacted by Ga. L....
§ 18-4-6. Exemption From Garnishment - History. Code 1981, § 18-4-6 , enacted by Ga. L....
§ 18-4-7. Required Information on Summons of Garnishment or Attachment Thereto; Form Usage; Failure to Use Correct Form - History. Code 1981, § 18-4-7 , enacted by Ga. L....
§ 18-4-8. Required Documents and Service Thereof - History. Code 1981, § 18-4-8 , enacted by Ga. L....
§ 18-4-9. Periodic Summonses; Original Filing Date Limiting Extension - History. Code 1981, § 18-4-9 , enacted by Ga. L....
§ 18-4-10. Responses by Garnishee; Judgment by Default - History. Code 1981, § 18-4-10 , enacted by Ga. L....
§ 18-4-11. Garnishee Answer; Property Located in Area With Restricted Access; Physical Filings Allowed - History. Code 1981, § 18-4-11 , enacted by Ga. L....
§ 18-4-12. Entity as Garnishee - History. Code 1981, § 18-4-12 , enacted by Ga. L....
§ 18-4-13. Service of Garnishee’s Answer - History. Code 1981, § 18-4-13 , enacted by Ga. L....
§ 18-4-14. Recovery of Reasonable Expenses; Recovery of Actual Expenses; Refunds - History. Code 1981, § 18-4-14 , enacted by Ga. L....
§ 18-4-15. Parties to Garnishment; Basis for Exemption; Form; Challenge to Garnishment - History. Code 1981, § 18-4-15 , enacted by Ga. L....
§ 18-4-16. Plaintiff Filing Traverse - History. Code 1981, § 18-4-16 , enacted by Ga. L....
§ 18-4-17. Third-Party Claimants - At any time before judgment is entered on the garnishee’s...
§ 18-4-18. Priority of Conflicting Claims to Money or Property - When money or other property in court is subject to...
§ 18-4-19. Order of Trial; Introduction of Evidence; Expenses - History. Code 1981, § 18-4-19 , enacted by Ga. L....
§ 18-4-20. Failure to File Claim or Traverse in Timely Manner - History. Code 1981, § 18-4-20 , enacted by Ga. L....
§ 18-4-21. Failure of Garnishee to File Answer; Default - Except as provided in Code Section 18-4-22, when a garnishee...
§ 18-4-22. Financial Institution as Garnishee; Failure to Answer - When a garnishee is a financial institution and fails or...
§ 18-4-23. Grounds for Relief From Liability - History. Code 1981, § 18-4-23 , enacted by Ga. L....
§ 18-4-24. Modification of Default Judgments; Burden of Proof - History. Code 1981, § 18-4-24 , enacted by Ga. L....
§ 18-4-25. Release of Summons of Garnishment; Release of Garnishment - History. Code 1981, § 18-4-25 , enacted by Ga. L....
§ 18-4-26. Local Government Organization and Employees Subject to Garnishment; Procedure - History. Code 1981, § 18-4-26 , enacted by Ga. L....
Article 2 - Continuing Garnishment Proceedings
§ 18-4-40. Right to Continuing Garnishment Process; Applicable Provisions - History. Code 1981, § 18-4-40 , enacted by Ga. L....
§ 18-4-41. Affidavit of Continuing Garnishment; Summons; Notice of Exemptions; Form - History. Code 1981, § 18-4-41 , enacted by Ga. L....
§ 18-4-42. Filing and Contents of Summons of Continuing Garnishment; Filing of Subsequent Answers - History. Code 1981, § 18-4-42 , enacted by Ga. L....
§ 18-4-43. Default Judgment Against Garnishee in Continuing Garnishment; Relief From Default - History. Code 1981, § 18-4-43 , enacted by Ga. L....
Article 3 - Continuing Garnishment for Child Support or Spousal Support
§ 18-4-50. Definitions - As used in this article, the term: History. Code 1981,...
§ 18-4-51. Continuing Garnishment of Support - History. Code 1981, § 18-4-51 , enacted by Ga. L....
§ 18-4-52. Affidavit of Continuing Garnishment for Support; Service - History. Code 1981, § 18-4-52 , enacted by Ga. L....
§ 18-4-53. Summons of Continuing Garnishment for Support; Maximum Disposable Income Subject to Garnishment; Retirement Funds Not Exempted - History. Code 1981, § 18-4-53 , enacted by Ga. L....
§ 18-4-54. Application of Money Paid Into Court; Additional Garnishee Answers; Termination - History. Code 1981, § 18-4-54 , enacted by Ga. L....
§ 18-4-55. Termination of Continuing Garnishment for Support; Garnishee’s Reliance Upon Information in Affidavit - The continuing garnishment for support described in this article shall...
Article 4 - Garnishment Forms
§ 18-4-70. Required Use of Forms - History. Code 1981, § 18-4-70 , enacted by Ga. L....
§ 18-4-71. Affidavit of Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff:...
§ 18-4-72. Affidavit of Continuing Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff:...
§ 18-4-73. Affidavit of Continuing Garnishment for Support - IN THE COURT OF COUNTYSTATE OF GEORGIA ) Plaintiff: )...
§ 18-4-74. Summons of Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff:...
§ 18-4-75. Attachment for Summons of Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-76. Summons of Garnishment on Financial Institution - IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff:...
§ 18-4-77. Attachment for Summons of Garnishment on a Financial Institution - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-78. Summons of Continuing Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff:...
§ 18-4-79. Attachment for Summons of Continuing Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-80. Summons of Continuing Garnishment for Support - IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff:...
§ 18-4-81. Attachment for Summons of Continuing Garnishment for Support - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-82. Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property - IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff:...
§ 18-4-83. Order for Hearing on Defendant’s Claim - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-84. Garnishee Answer - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-85. Financial Institution Garnishee Answer - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-86. Garnishee Answer to Continuing Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-87. Plaintiff’s Traverse - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-88. Third-Party Claim - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-89. Release of Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
§ 18-4-90. Modification of Continuing Garnishment - IN THE COURT OF COUNTY STATE OF GEORGIA ) )...
Chapter 5 - Debt Adjustment
§ 18-5-1. Definitions - As used in this chapter, the term: History. Ga. L....
§ 18-5-2. Debt Adjusting Permitted - In the course of engaging in debt adjusting, it shall...
§ 18-5-3. Exemption for Debt Adjustment by Certain Individuals or Entities - Nothing in this chapter shall apply to those situations involving...
§ 18-5-3.1. Annual Requirements for Persons Engaged in Debt Adjusting; Designation of Repository Office - History. Code 1981, § 18-5-3.1 , enacted by Ga. L....
§ 18-5-3.2. Timing of Disbursements to Appropriate Creditors; Trust Account Required - History. Code 1981, § 18-5-3.2 , enacted by Ga. L....
§ 18-5-4. Penalty for Unlawfully Engaging in Business of Debt Adjusting - History. Ga. L. 1956, p. 797, § 3; Ga. L....
§ 18-5-5. Role of Attorney General in Promulgating Rules and Regulations - The Attorney General shall have the authority to promulgate rules...