SB87: SB87 Levy and Sale of Property; exemption of the full value of a debtor's primary residence from levy and sale; provide

Under current Georgia law, a debtor's home and other property are protected from creditors seizing and selling them only up to a set dollar amount (the bill's text shows figures around $5,000 to $21,500). Senate Bill 87 would rewrite Georgia's exemption law (O.C.G.A. Chapter 13 of Title 44) so that a debtor's primary residence is protected for its full value, not just up to a capped amount, when creditors try to seize and sell property to satisfy a judgment or debt. The bill also adds a new provision to Georgia's bankruptcy exemption statute (O.C.G.A. § 44-13-100) letting a debtor in bankruptcy exempt the full value of their aggregate interest in a primary residence, instead of being limited to the smaller dollar caps that apply to other exemptions listed in that section. Other exemption amounts in the bankruptcy list, covering vehicles, household goods, retirement funds, and similar property, stay unchanged. The change would take effect July 1, 2025.

• Rewrites O.C.G.A. § 44-13-1 so a debtor's primary residence is exempt from levy and sale (creditors seizing and selling property) for its full value rather than a set dollar cap.
• Adds a new subsection (a.1) to O.C.G.A. § 44-13-100 allowing a debtor in bankruptcy to exempt the full value of their interest in a primary residence.
• Leaves the existing dollar-based bankruptcy exemptions for vehicles, household goods, jewelry, tools of the trade, and other listed property unchanged.
• Sets the effective date of the changes as July 1, 2025.
• Repeals any other Georgia laws that conflict with these new exemption rules.

Georgia homeowners who fall behind on debts and face lawsuits, judgments, or bankruptcy; creditors and judgment holders trying to collect debts by seizing property; and courts and clerks who process liens, judgments, and bankruptcy filings involving a debtor's home.

If enacted, a person facing a court judgment or bankruptcy could keep their entire home instead of only a limited dollar amount of its value, meaning creditors could no longer force the sale of a primary residence to collect a debt regardless of how much equity the home holds.

• Section 1 revises O.C.G.A. § 44-13-1 to exempt the full value of a debtor's primary residence from levy and sale under any legal process in Georgia, rather than capping the exemption at a set dollar figure.
• Section 2 adds subsection (a.1) to O.C.G.A. § 44-13-100, letting a bankruptcy debtor exempt the full value of their interest in a primary residence, overriding the dollar caps that otherwise apply under that section and O.C.G.A. § 44-13-21.
• Section 2 leaves intact the existing list of specific bankruptcy exemptions for vehicles ($5,000), household goods ($300 per item, $5,000 total), jewelry ($500), tools of the trade ($1,500), and retirement and insurance interests.
• Section 3 sets the effective date as July 1, 2025.
• Section 4 repeals any conflicting Georgia laws.

1. 2025-02-05Senate Read and Referred (Senate)
2. 2025-02-04Senate Hopper (Senate)

• Ed Setzler (R, SD-037)Primary sponsor
• Kay Kirkpatrick (R, SD-032)
• Randy Robertson (R, SD-029)
• Steve Gooch (R, SD-051)
• Carden Summers (R, SD-013)
• Brian Strickland (R, SD-042)

• debt collection
• bankruptcy law
• homeowner protections
• property exemptions
• creditor rights