Official Code of Georgia Annotated

Title 15. COURTS · Chapter 13. OFFICERS OF COURT GENERALLY · Article 1. LIABILITY FOR OFFICIAL ACTS

15-13-2. Liability of sheriffs to damage action or contempt.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Any sheriff shall be liable to an action for damages or an attachment for contempt of court, at the option of the party, whenever it appears that the sheriff has injured the party by:
(1)
Making a false return;#
(2)
Neglecting to arrest a defendant;#
(3)
Neglecting to levy on the property of the defendant;#
(4)
Neglecting to pay over to the plaintiff or his attorney any moneys collected by the sheriff by virtue of any fi. fa. or other legal process; or#
(5)
Neglecting to make a proper return of any writ, execution, or other process put into the hands of the sheriff.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1799, Cobb’s 1851 Digest, p. 576; Code 1863, § 3853; Code 1868, § 3873; Code 1873, § 3949; Code 1882, § 3949; Civil Code 1895, § 4770; Civil Code 1910, § 5342; Code 1933, § 24-202.

Law reviews

For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005); 58 Mercer L. Rev. 367 (2006).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch12-24-(v13a)-2015-pdf.pdf, Volume V13A, 2015 edition, page 197; merge action: annotated; file SHA-256 3ead04cf60ab.

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