Official Code of Georgia Annotated

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

18-3-17. Courts to which attachments returnable; applicability of rules of civil practice and procedure; filing of declaration in attachment; notice of declaration.

Active

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

(a)
Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant to default, and by any and all other rules relating to procedure and practice.#
(b)
The plaintiff shall file his declaration in attachment within 15 days after the levy of attachment and the declaration shall thereafter be governed by the rules governing ordinary civil actions as provided for in subsection (a) of this Code section. Notice of the declaration shall be given pursuant to Code Section 18-3-14.#

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, pp. 70, 638; Ga. L. 1855-56, p. 25, § 6; Ga. L. 1857, p. 117, § 1; Code 1863, § 3194; Code 1868, § 3205; Code 1873, § 3272; Code 1882, § 3272; Civil Code 1895, § 4518; Civil Code 1910, § 5063; Code 1933, § 8-117; Ga. L. 1962, p. 520, § 1; Ga. L. 1980, p. 1065, § 6.

Cross references

Provisions governing pleadings, defenses, and procedures subsequent to filing of declaration in attachment, § 18-3-18. Civil Practice Act, T. 9, C. 11.

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

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