Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 6. ILLEGALITY

9-13-120. Affidavit of illegality — When authorized; bond and security.

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

When an execution against the property of any person issues illegally, or is proceeding illegally, and the execution is levied on such property, the person may make oath in writing, stating the cause of the illegality, and deliver the same to the sheriff or other executing officer together with bond and good security for the forthcoming of the property, as provided by this article.

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

Laws 1799, Cobb’s 1851 Digest, p. 509; Laws 1838, Cobb’s 1851 Digest, p. 514; Code 1863, § 3591; Code 1868, § 3614; Code 1873, § 3664; Code 1882, § 3664; Civil Code 1895, § 4736; Civil Code 1910, § 5305; Code 1933, § 39-1001.

Law reviews

For note discussing legal and equitable relief from execution available to debtors, see 12 Ga. L. Rev. 814 (1978).

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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, page 250; merge action: carried; file SHA-256 c88496cf9e57.

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