---
title: O.C.G.A. § 9-13-127. Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury.
collection: code
id: 9-13-127
cite_as: O.C.G.A. § 9-13-127 (2025)
canonical_url: https://georgiacommons.org/code/9-13-127
md_url: https://georgiacommons.org/code/9-13-127.md
text_url: https://georgiacommons.org/code/9-13-127/text
source_url: https://archive.org/download/gov.ga.ocga.2024/T09%20Ch12-16%20%28V7A%29%202015.pdf#page=261
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: CIVIL PRACTICE / EXECUTIONS AND JUDICIAL SALES / ILLEGALITY
---

# O.C.G.A. § 9-13-127. Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury.

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.

## 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.