---
title: O.C.G.A. § 15-9-62. Issuance of writ of fieri facias for fees; defenses.
collection: code
id: 15-9-62
cite_as: O.C.G.A. § 15-9-62 (2025)
canonical_url: https://georgiacommons.org/code/15-9-62
md_url: https://georgiacommons.org/code/15-9-62.md
text_url: https://georgiacommons.org/code/15-9-62/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch1-11a-(v13)-2020-pdf.pdf?sfvrsn=d8a8826c_0#page=478
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / PROBATE COURTS / COSTS AND COMPENSATION
---

# O.C.G.A. § 15-9-62. Issuance of writ of fieri facias for fees; defenses.

(a) Whenever any costs are due the judge of the probate court by executors, administrators, or guardians, upon failure to pay the same on demand made, he is empowered to issue a writ of fieri facias at any regular term of court against the executors, administrators, or guardians for the amount due for costs at the time of the demand.

(b) In all cases tried before the judge of the probate court, where judgment has been entered, the judge is empowered to issue writs of fieri facias for his costs therein against the party or parties liable for costs.

(c) The writs of fieri facias provided for in subsections (a) and (b) of this Code section shall be directed ‘‘To all and singular the sheriffs of this state’’ and shall be made returnable to the probate court.

(d) Whenever any illegality or other defense is filed by the defendant or a claim is filed to the property levied on, the sheriff shall return the writ of fieri facias and the defense or claim to the next superior court of the county, where the issues made by the defense or claim shall be tried as are other cases in the superior court.

## History

Ga. L. 1887, p. 54, §§ 1-4; Civil Code 1895, §§ 4243, 4244, 4245, 4246; Civil Code 1910, §§ 4801, 4802, 4803, 4804; Code 1933, §§ 24-2001, 24-2002, 24-2003, 24-2004.