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Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 2. DEBTOR AND CREDITOR RELATIONS · Article 4. UNIFORM VOIDABLE TRANSACTIONS ACT

18-2-77. Relief for creditor against fraudulent transfer or obligation.

Active

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

  1. (a)

    In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78, may obtain:#

    1. (1)

      Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;#

    2. (2)

      An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Chapter 3 of this title; and#

    3. (3)

      Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:#

      1. (A)

        An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;#

      2. (B)

        Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or#

      3. (C)

        Any other relief the circumstances may require.#

  2. (b)

    If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.#

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

Code 1981, § 18-2-77, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.

Law reviews

For annual survey on business associations, see 70 Mercer L. Rev. 19 (2018). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).

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 t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 103; merge action: annotated; file SHA-256 eddc877da9f2.