---
title: O.C.G.A. § 44-13-8. Written notice to creditors; how given.
collection: code
id: 44-13-8
cite_as: O.C.G.A. § 44-13-8 (2025)
canonical_url: https://georgiacommons.org/code/44-13-8
md_url: https://georgiacommons.org/code/44-13-8.md
text_url: https://georgiacommons.org/code/44-13-8/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=349
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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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 / IN GENERAL
---

# O.C.G.A. § 44-13-8. Written notice to creditors; how given.

In addition to the notice by publication required to be given by Code Section 44-13-7, the applicant or his agent shall give notice in writing of the filing of the application and of the day of hearing the same to each of his creditors residing in the county. Such notice shall be given at least five days before the hearing and shall be served personally or by leaving a copy at the residence or place of business of his creditor; and the fact that such notice has been given shall be verified by oath of the applicant or his agent. The applicant shall also notify creditors residing outside of the county of his application by preparing written notices of his application and the day of hearing, which notices shall be delivered by him to the judge of the probate court together with stamped envelopes and, if the residence of the creditors shall be known to the petitioner, shall be directed by the judge and mailed to the persons residing out of the county at least 15 days before the day of the hearing.

## History

Ga. L. 1876, p. 48, § 2; Code 1882, § 2006a; Civil Code 1895, § 2832; Civil Code 1910, § 3382; Code 1933, § 51-302; Code 1981, § 44-13-9; Code 1981, § 44-13-8, as redesignated by Ga. L. 1983, p. 1170, § 2.

## Editor's Notes

Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-9 as this Code section. The 1983 Act also redesignated former Code Section 44-13-8, relating to publication of notice of application, as present Code Section 44-13-7.