---
title: O.C.G.A. § 44-2-195. Action against fund — Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund.
collection: code
id: 44-2-195
cite_as: O.C.G.A. § 44-2-195 (2025)
canonical_url: https://georgiacommons.org/code/44-2-195
md_url: https://georgiacommons.org/code/44-2-195.md
text_url: https://georgiacommons.org/code/44-2-195/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=141
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 / RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS / LAND REGISTRATION / Assurance Fund
---

# O.C.G.A. § 44-2-195. Action against fund — Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund.

If judgment shall be rendered for the plaintiff in any action brought pursuant to Code Section 44-2-193, execution shall issue against any defendants other than the state treasurer. If such execution is returned unsatisfied in whole or in part or if there are no such defendants, the clerk of the court in which the judgment was rendered shall certify to the state treasurer the amount due on the judgment; and the same shall be paid by the state treasurer out of the assurance fund under the special appropriation made of the fund for such purpose. Any person other than the state treasurer against whom any such judgment may have been rendered shall remain liable therefor or for so much thereof as may be paid out of the assurance fund; and the state treasurer may bring action at any time to enforce the lien of such judgment against such person or his estate for the recovery of the amount, with interest, paid out of the assurance fund.

## History

Ga. L. 1917, p. 108, § 79; Code 1933, § 60-706; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, §§ 3, 4/SB 296.

## Other Notes

The 2010 amendment, effective July 1, 2010, substituted ‘‘state treasurer’’ for ‘‘director of the Office of Treasury and Fiscal Services’’ at the end of the first sentence and substituted ‘‘state treasurer’’ for ‘‘director’’ four times in this Code section.