Official Code of Georgia Annotated
Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 7. JUDICIAL SALES · Part 1. ADVERTISEMENT
9-13-140. How judicial sales advertised; description of property; advertisement and sale of livestock.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
The sheriff, coroner, or other officer shall publish weekly for four weeks in the legal organ for the county, or if there is no newspaper designated as such, then in the nearest newspaper having the largest general circulation in such county, notice of all sales of land and other property executed by the officer. In the advertisement the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In the case of real property, such advertisement shall include the legal description of such real property and may include the street address of such real property, if available, but provided that no foreclosure shall be invalidated by the failure to include a street address or by the insertion of an erroneous street address.#
- (b)
However, horses, hogs, and cattle may be sold at any time by the consent of the defendant, in which case it shall be the duty of the officer to give the plaintiff ten days’ notice thereof and also to advertise the same at three or more public places in the county where the property may be at least ten days before the sale.#
History
Laws 1799, Cobb’s 1851 Digest, p. 509; Laws 1850, Cobb’s 1851 Digest, p. 580; Ga. L. 1851-52, p. 78, § 1; Code 1863, § 3576; Ga. L. 1866, p. 163, § 1; Code 1868, § 3599; Code 1873, § 3647; Code 1882, § 3647; Civil Code 1895, § 5457; Civil Code 1910, § 6062; Code 1933, § 39-1101; Ga. L. 1995, p. 931, § 1; Ga. L. 1998, p. 213, § 1; Ga. L. 1999, p. 6, § 1.
Law reviews
For survey article on commercial law, see 44 Mercer L. Rev. 99 (1992). For review of 1998 legislation relating to judicial sales, see 15 Ga. St. U.L. Rev. 177 (1998). For article, ‘‘Buying Distressed Commercial Real Estate: What are the Alternatives?,’’ see 16 (No. 4) Ga. St. B.J. 18 (2010). For note discussing procedures governing execution sales and the application of the proceeds of the sales, 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, page 265; merge action: annotated; file SHA-256 c88496cf9e57.