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Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 3. ATTACHMENT PROCEEDINGS · Article 1. GENERAL PROVISIONS

18-3-15. Right of defendant to postseizure hearing.

Active

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

  1. When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff’s affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a specified time, which shall not be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the attachment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the attachment shall be revoked.

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 1933, § 8-114.1, enacted by Ga. L. 1980, p. 1065, § 5.

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 135; merge action: carried; file SHA-256 eddc877da9f2.