Georgia Code
Title 9 - Civil Practice
Chapter 13 - Executions and Judicial Sales

§ 9-13-11. Direction, Levy, Service, and Return of Execution When Sheriff a Party - All executions, orders, decrees, attachments for contempt, and final process...

§ 9-13-12. Entry of Levy on Process - The officer making a levy shall enter the same on...

§ 9-13-13. Written Notice of Levy on Land - History. Laws 1808, Cobb’s 1851 Digest, p. 509; Laws 1847,...

§ 9-13-14. Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected - History. Laws 1829, Cobb’s 1851 Digest, pp. 534, 535; Code...

§ 9-13-15. Measure of Damages on Forthcoming Bond - Whenever personal property is levied upon under any judicial process...

§ 9-13-16. Penalty for Fraudulent Levy - Any person who fraudulently causes any process, attachment, distress, or...

Article 2 - Parties in Execution

§ 9-13-30. Execution Against Sureties and Endorsers - When, in a judgment against sureties or endorsers on a...

§ 9-13-31. Execution Against Principal and His Surety on Appeal - In all cases of appeal where security has been given...

§ 9-13-32. Execution Following Death of Defendant - On the death of a defendant after final judgment when...

§ 9-13-33. Executions Using Partnership Name Valid - Executions issued in favor of or against partners, where the...

§ 9-13-34. Right to Transfer Execution; Status of Transferee - Any plaintiff in judgment or transferee may in good faith...

§ 9-13-35. Effect of Transfer by Attorney; Ratification - The transfer of an execution by the attorney of record...

§ 9-13-36. Transfer of Execution Upon Payment; Status of Transferee; Recording Necessary to Preserve Lien; Exception for Tax Executions - History. Ga. L. 1872, p. 75, § 1; Code 1873,...

Article 3 - Property Against Which Execution Levied

§ 9-13-50. Designation by Defendant of Property to Be Levied On; When Sheriff Bound Thereby - History. Laws 1811, Cobb’s 1851 Digest, p. 510; Code 1863,...

§ 9-13-51. Sale of Property Subject to Lien; Order of Application to Payment - Where property is subject to a lien and part of...

§ 9-13-52. When Sheriff May Levy on and Sell Land Outside County - A sheriff or other levying officer shall not sell land...

§ 9-13-53. When Constable May Levy on Land; Sale by Sheriff - No constable, except as provided by this Code, shall be...

§ 9-13-54. When Growing Crop Levied on and Sold - No sheriff or other officer shall levy on any growing...

§ 9-13-55. Seizure Prerequisite to Sale of Personalty - To authorize a sale of personal property there shall be...

§ 9-13-56. Future Interests in Personalty - A future interest in personalty may not be seized and...

§ 9-13-57. Choses in Action - Choses in action are not liable to be seized and...

§ 9-13-58. Corporation’s Disclosure of Worth of Defendant’s Shares Mandated; Refusal Treated as Contempt - Upon demand by any sheriff, constable, or other levying officer...

§ 9-13-59. What Property Liable to Execution in Action Against Joint Contractors or Partners When Not All Served - Where, in an action against two or more joint contractors,...

§ 9-13-60. Taking Up of Debt to Give Defendant Legal Title to Property; Notice of Levy and Sale; Application of Proceeds - History. Laws 1847, Cobb’s 1851 Digest, p. 517; Laws 1850,...

Article 4 - Satisfaction or Discharge of Judgment and Execution

§ 9-13-70. Suspension of Execution for 60 Days Pending Payment; Bond - History. Laws 1799, Cobb’s 1851 Digest, p. 494; Code 1863,...

§ 9-13-71. Sufficient Levy on Personalty Prima-Facie Satisfaction; Effect of Dismissal - A levy upon personal property sufficient to pay the debt,...

§ 9-13-72. Release of Property Subject to Execution - If the plaintiff in execution, for a valuable consideration, releases...

§ 9-13-73. Application of Fund to Younger Lien With Senior Lienholder’s Consent - If an execution creditor having the older lien on a...

§ 9-13-74. Release by Agreement - An agreement for a valuable consideration never to enforce a...

§ 9-13-75. Setoff of Judgments; Collection of Balance - One judgment may be set off against another, on motion,...

§ 9-13-76. Execution by Defendant After Setoff - In all cases of mutual debts and setoffs where the...

§ 9-13-77. Control of Execution After Payment — by Security - The security paying off an execution shall have control thereof....

§ 9-13-78. Control of Execution After Payment — by Joint Debtor - When judgments have been obtained against several persons and one...

§ 9-13-79. Partial Payments to Be Entered - When a payment on an execution is made which does...

§ 9-13-80. Execution to Be Canceled When Satisfied; Private Right of Action; Damages - Any clerk of superior court who cancels of record any...

Article 5 - Claims

§ 9-13-90. Claims Authorized; to Be on Oath - When any sheriff or other officer shall levy an execution...

§ 9-13-91. Bond and Security for Damages; How Damages Determined - The person claiming the property levied on, or his agent...

§ 9-13-92. Affidavit of Indigence - In all claim cases where claimants are unable to give...

§ 9-13-93. Postponement of Sale - When affidavit and bond have been made and delivered as...

§ 9-13-94. Forthcoming Bond for Possession of Property; Amount and Condition; Not Authorized for Realty; When and Where Recoverable - History. Laws 1811, Cobb’s 1851 Digest, p. 532; Laws 1841,...

§ 9-13-95. Execution of Affidavit and Bond by Partner or Joint Owner - One of several partners or persons jointly interested may make...

§ 9-13-96. When Plaintiff in Execution May Give Forthcoming Bond - If the claimant to personal property levied on is unable...

§ 9-13-97. Sale of Property on Claimants’ Application; Order; Advertisement; Disposition of Proceeds - In the event the claimant is unable, and the plaintiff...

§ 9-13-98. When and Where Claim, Levy, and Execution to Be Returned - When an execution issued from a court is levied upon...

§ 9-13-99. Return of Claim or Illegality Against Execution From Probate Court - Whenever an execution issued from a probate court is levied...

§ 9-13-100. Claim to Be Tried by Jury - The court to which a claim is returned shall cause...

§ 9-13-101. Additional Oath of Jurors; Damages and Costs When Claim Made for Delay - Every juror on the trial of the claim of property...

§ 9-13-102. Burden of Proof - Upon the trial of all claims provided for in this...

§ 9-13-103. Withdrawal or Discontinuance of Claim Limited - Whenever a claim of property is made in terms of...

§ 9-13-104. Trial of Damage Issue Where Claim Dismissed or Withdrawn - Whenever a claim is dismissed for insufficiency or is withdrawn,...

§ 9-13-105. How Damages Assessed - Upon the trial of claims to property which may be...

§ 9-13-106. Withdrawal of Original Execution and Filing of Copy - The plaintiff in execution in all claim cases shall have...

Article 6 - Illegality

§ 9-13-120. Affidavit of Illegality — When Authorized; Bond and Security - When an execution against the property of any person issues...

§ 9-13-121. Affidavit of Illegality — to Show Lack of Service; Not Available to Go Behind Judgment - If the defendant was not served and did not appear,...

§ 9-13-122. Affidavit of Illegality — Not Available for Excessive Levy Generally - An affidavit of illegality shall not be a remedy for...

§ 9-13-123. Affidavit of Illegality — by Whom Filed - An affidavit of illegality may be filed by an attorney...

§ 9-13-124. Affidavit of Illegality — When Received - No affidavit of illegality shall be received by any sheriff...

§ 9-13-125. Affidavit of Illegality — When and How Amendable - Affidavits of illegality are, upon motion and leave of court,...

§ 9-13-126. Amount and Condition of Forthcoming Bond - When an execution is levied on personal property and an...

§ 9-13-127. Suspension of Execution; Return of Execution, Affidavit, and Bond; Determination by Court; Issue Tried by Jury - When levy has been made and affidavit and bond delivered...

§ 9-13-128. Damages for Delay; Procedure Following Dismissal or Withdrawal of Illegality - Upon the trial of an issue formed on an affidavit...

§ 9-13-129. Property Subject to Other Executions; Retention of Sale Proceeds to Satisfy First Execution; Release of Bond Pro Tanto - When an execution has been levied on property and an...

Article 7 - Judicial Sales

Part 1 - Advertisement

§ 9-13-140. How Judicial Sales Advertised; Description of Property; Advertisement and Sale of Livestock - History. Laws 1799, Cobb’s 1851 Digest, p. 509; Laws 1850,...

§ 9-13-141. Timing of Advertisements - In all cases where the law requires citations, notices, or...

§ 9-13-142. Requirements for Official Organ of Publication; Designation Where No Journal or Newspaper Qualifies; How Official Organ Changed; Notice to Secretary of State - History. Laws 1850, Cobb’s 1851 Digest, p. 580; Code 1863,...

§ 9-13-143. Rates for Legal Advertisements - In all cases fractional parts shall be charged for at...

§ 9-13-144. Alternate Advertising When Rates Not Agreed On - History. Ga. L. 1878-79, p. 81, § 3; Code 1882,...

§ 9-13-145. Advertising Costs Paid in Advance; Exception When Affidavit of Indigence Filed - No sheriff or deputy sheriff shall be required to advertise...

Part 2 - Conduct and Effect

§ 9-13-160. Time of Conducting Public Sale - History. Ga. L. 1963, p. 366, § 1; Ga. L....

§ 9-13-161. Where and When Sales Under Execution Held; Change of Place of Public Sales by Court Order - History. Laws 1799, Cobb’s 1851 Digest, p. 509; Laws 1821,...

§ 9-13-161.1. Holding of Sales of Personal Property at Place Other Than Courthouse; Advertisement of General Order as to Sale Location - History. Ga. L. 1965, p. 3260, §§ 1-5; Code 1981,...

§ 9-13-162. Continuance of Sale From Day to Day - Any sheriff, coroner, constable, tax collector, guardian, trustee, or any...

§ 9-13-163. Sale of Perishable Property — When and by Whom Ordered; Where Held - Whenever any personal property which is of a perishable nature...

§ 9-13-164. Sale of Perishable Property — Advertisement; Notice; Disposition of Proceeds - History. Ga. L. 1873, p. 48, § 1; Code 1873,...

§ 9-13-165. Sale of Perishable Property — Under Tax Executions - Whenever a tax fi. fa. is levied on property which...

§ 9-13-166. Form of Tender - Purchasers at judicial sales need not tender cash but, as...

§ 9-13-167. Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable - History. Ga. L. 1853-54, p. 56, § 1; Code 1863,...

§ 9-13-168. Obligations of Purchaser - The purchaser at a judicial sale shall not be bound...

§ 9-13-169. Note or Memorandum Unnecessary - No note or memorandum in writing shall be necessary to...

§ 9-13-170. Liability for Purchase Money; Officer’s Collection Options - History. Laws 1831, Cobb’s 1851 Digest, p. 514; Code 1863,...

§ 9-13-171. When Defendant Bound by Sale Under Void Process - Where property is sold under void process and the proceeds...

§ 9-13-172. When Execution Sale Set Aside - Courts shall have full power over their officers making execution...

§ 9-13-172.1. “Eligible Sale” Defined; Recision of Sale; Damages - the damages that may be awarded to the purchaser in...

§ 9-13-173. Effect of Judicial Sale on Title - A sale regularly made by virtue of judicial process issuing...

§ 9-13-174. When Sheriff’s Successor Empowered to Make Titles - If a sheriff fails to make titles to a purchaser,...

§ 9-13-175. Duty of Officer to Place Purchaser in Possession; Which Persons Officer May Dispossess - When any sheriff or other officer sells any real estate...

§ 9-13-176. How Possession Obtained After Expiration of Court Term or Replacement of Officer - If the purchaser of real estate at sheriff’s and other...

§ 9-13-177. Right to Enforce Covenants - The purchaser at a judicial sale may enforce any covenants...

§ 9-13-178. When Title Deeds Prior to Purchase Must Be Proved - In all controversies in the courts of this state, the...

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Georgia Code Title 9 - Civil Practice Chapter 13 - Executions and Judicial Sales

Georgia Code
Title 9 - Civil Practice
Chapter 13 - Executions and Judicial Sales