---
title: O.C.G.A. § 9-13-163. Sale of perishable property — When and by whom ordered; where held.
collection: code
id: 9-13-163
cite_as: O.C.G.A. § 9-13-163 (2025)
canonical_url: https://georgiacommons.org/code/9-13-163
md_url: https://georgiacommons.org/code/9-13-163.md
text_url: https://georgiacommons.org/code/9-13-163/text
source_url: https://archive.org/download/gov.ga.ocga.2024/T09%20Ch12-16%20%28V7A%29%202015.pdf#page=284
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 / JUDICIAL SALES / CONDUCT AND EFFECT
---

# O.C.G.A. § 9-13-163. Sale of perishable property — When and by whom ordered; where held.

Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of the levying officer, upon the facts being made plainly to appear to the judge of the court from which the process has issued or to the judge of the superior court of the county or to the judge of the probate court of the county in which the levy has been made during the absence of the judge of the superior court, it shall be the duty of the judge to order a sale of the property. The sale shall be at the usual place of holding sheriff’s sales for the county where the property is located.

## History

Ga. L. 1873, p. 48, § 1; Code 1873, § 3648; Ga. L. 1880-81, p. 60, § 1; Code 1882, § 3648; Civil Code 1895, § 5463; Civil Code 1910, § 6068; Code 1933, § 39-1203; Ga. L. 1983, p. 884, § 3-6.

## Law Reviews

For note discussing procedures governing execution sales and the application of the proceeds of the sales, see 12 Ga. L. Rev. 814 (1978).