Official Code of Georgia Annotated

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

9-13-121. Affidavit of illegality — To show lack of service; not available to go behind judgment.

Active

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

If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality.

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

Orig. Code 1863, § 3597; Code 1868, § 3621; Code 1873, § 3671; Code 1882, § 3671; Civil Code 1895, § 4742; Civil Code 1910, § 5311; Code 1933, § 39-1009.

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, page 254; merge action: carried; file SHA-256 c88496cf9e57.