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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 12. VERDICT AND JUDGMENT · Article 4. JUDGMENT LIENS

9-12-81. General execution docket; when money judgment in county of defendant’s residence creates lien against third parties without notice.

Active

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

  1. (a)

    The clerk of superior court of each county shall be required to keep a general execution docket in paper or electronic data base form.#

  2. (b)

    As against the interest of third parties acting in good faith and without notice who have acquired a transfer or lien binding the property of the defendant in judgment, no money judgment obtained within the county of the defendant’s residence in any court of this state or federal court in this state shall create a lien upon the property of the defendant unless the execution issuing thereon is entered upon the execution docket. When the execution has been entered upon the docket, the lien shall date from such entry.#

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

Ga. L. 1889, p. 106, § 2; Civil Code 1895, § 2779; Civil Code 1910, § 3321; Ga. L. 1921, p. 115, § 1; Code 1933, § 39-701; Ga. L. 1955, p. 425, § 1; Ga. L. 2012, p. 599, § 1-2/HB 665.

Cross references

Requirement that clerk maintain index to general execution docket, § 15-6-61(a)(4)(C).

Law reviews

For note discussing procedures required to effect a levy of execution, see 12 Ga. L. Rev. 814 (1978).

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 T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, pages 139 to 140; merge action: annotated; file SHA-256 c88496cf9e57.