Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS · Article 7. FORECLOSURE · Part 4. FORECLOSURES ON PERSONALTY

44-14-268. Motion for dissolution of writ; payment of claim or furnishing of bond; procedure upon dissolution of writ.

Active

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

  1. (a)

    At any time within which the defendant may file defenses as provided for under Code Section 44-14-267, the defendant may:#

    1. (1)

      Move for a dissolution of the writ, which motion shall be granted unless the petitioner proves the grounds upon which the writ was issued; or#

    2. (2)

      Pay to the court the full amount of the petitioner’s claim, including costs, or furnish a bond with good and sufficient security for the value of the property as determined after hearing by the court before which the matter is pending or a bond for the amount of petitioner’s claim, including costs, whichever is less.#

  2. (b)

    If the writ is dissolved under paragraph (1) or (2) of subsection (a) of this Code section, the action shall proceed on the petitioner’s claim as if no writ had issued; and any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.#

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

Code 1933, § 67-716, enacted by Ga. L. 1975, p. 1213, § 3.

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 t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 659 to 660; merge action: carried; file SHA-256 02e72213893a.