---
title: O.C.G.A. § 44-13-60. Affidavit disputing exemption of exempted real property from execution; levy and sale by officer; effect of debtor’s counteraffidavit.
collection: code
id: 44-13-60
cite_as: O.C.G.A. § 44-13-60 (2025)
canonical_url: https://georgiacommons.org/code/44-13-60
md_url: https://georgiacommons.org/code/44-13-60.md
text_url: https://georgiacommons.org/code/44-13-60/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-15-(v32)-2022-pdf.pdf?sfvrsn=9e9e06de_0#page=371
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.
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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 Regular Session of the General Assembly
heading_path: PROPERTY / EXEMPTIONS FROM LEVY AND SALE / CONSTITUTIONAL EXEMPTIONS / LEVY ON AND SALE OF EXEMPTED REAL PROPERTY
---

# O.C.G.A. § 44-13-60. Affidavit disputing exemption of exempted real property from execution; levy and sale by officer; effect of debtor’s counteraffidavit.

(a) When an exemption under this article of realty and personalty or either has been applied for and set apart out of the property of a defendant in execution and the defendant in execution has no property except the real property on which the defendant resides on which to levy, if the plaintiff in execution seeks to have that real property levied on upon the ground that his debt falls within some or one of the classes for which the real property is bound under this article, such plaintiff, his agent, or his attorney may make an affidavit before any officer authorized to administer oaths that to the best of his knowledge and belief the debt upon which the execution is founded is one from which that real property is not exempt. Thereafter, it shall be the duty of the officer into whose hands the execution and the affidavit are placed to proceed at once to levy and sell as though the property had never been set apart.

(b) The defendant in execution may deny the truth of the plaintiff’s affidavit by filing a counteraffidavit with the levying officer. If a counteraffidavit is filed, it shall be the duty of the levying officer to suspend further proceedings under the execution and to return the same together with the two affidavits to the court from which the execution issued.

## History

Ga. L. 1871-72, p. 43, §§ 1, 2; Code 1873, §§ 2028, 2029; Code 1882, §§ 2028, 2029; Civil Code 1895, §§ 2850, 2851; Civil Code 1910, §§ 3400, 3401; Code 1933, §§ 51-902, 51-903; Ga. L. 1983, p. 1170, § 2.