---
title: O.C.G.A. § 36-39-22. Affidavit contesting amount of execution; trial by superior court; penalties for delay.
collection: code
id: 36-39-22
cite_as: O.C.G.A. § 36-39-22 (2025)
canonical_url: https://georgiacommons.org/code/36-39-22
md_url: https://georgiacommons.org/code/36-39-22.md
text_url: https://georgiacommons.org/code/36-39-22/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t35-t36-ch1-59-(v27)-2025-pdf.pdf?sfvrsn=66569db4_0#page=840
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.
up: https://georgiacommons.org/code/36-39.md
previous: https://georgiacommons.org/code/36-39-21.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LOCAL GOVERNMENT / Provisions Applicable to Municipal Corporations Only / STREET IMPROVEMENTS
---

# O.C.G.A. § 36-39-22. Affidavit contesting amount of execution; trial by superior court; penalties for delay.

The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and stating what amount he admits to be due, which amount so admitted to be due shall be paid and collected before the affidavit is received and the affidavit shall be received for the balance. All affidavits, including those filed by railroads or street railways against whom execution is issued for the cost and expense of paving, shall set out in detail the reasons why the affiant claims the amount is not due. When received by the municipal marshal or chief of police, such affidavits shall be returned to the superior court of the county wherein the municipal corporation is located. They shall be tried and the issue shall be determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the laws of this state.

## History

Ga. L. 1927, p. 321, § 11; Code 1933, § 69-423.