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Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 3. ATTACHMENT PROCEEDINGS · Article 3. THIRD-PARTY CLAIMS

18-3-54. Liability of claimant and surety on bond for hire or use of property where plaintiff’s debt unsatisfied.

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

  1. (a)

    In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the full value of the hire or use of the property while the same has been in the possession of the claimant and also full damages for any deterioration of the value of the property, by use or otherwise, while the same has been in the possession of the claimant, provided such recovery shall not exceed the amount of the debt that may remain due from the defendant in attachment to the plaintiff.#

  2. (b)

    The remedy provided in this Code section is and shall be extended to all other claims in the cases herein provided for.#

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

Ga. L. 1855-56, p. 25, § 38; Code 1863, § 3239; Code 1868, § 3250; Ga. L. 1873, p. 42, § 1; Code 1873, § 3326; Code 1882, § 3326; Civil Code 1895, § 4573; Civil Code 1910, § 5119; Code 1933, § 8-805.

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