Official Code of Georgia Annotated

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

9-13-127. Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury.

Active

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

When levy has been made and affidavit and bond delivered to the levying officer, it shall be the duty of the officer to suspend further proceedings on the execution and to return the execution, affidavit, and bond to the next term of the court from which the execution issued. It shall be the duty of the court to make a determination thereon at the first term thereof unless the plaintiff or his attorney desires to controvert the facts contained in the affidavit, in which case an issue shall be joined and tried by a jury at the same term unless good cause is shown for a continuance.

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, § 3593; Code 1868, § 3616; Code 1873, § 3666; Code 1882, § 3666; Civil Code 1895, § 4738; Civil Code 1910, § 5307; Code 1933, § 39-1006.

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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, pages 261 to 262; merge action: carried; file SHA-256 c88496cf9e57.

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