---
title: O.C.G.A. § 9-13-164. Sale of perishable property — Advertisement; notice; disposition of proceeds.
collection: code
id: 9-13-164
cite_as: O.C.G.A. § 9-13-164 (2025)
canonical_url: https://georgiacommons.org/code/9-13-164
md_url: https://georgiacommons.org/code/9-13-164.md
text_url: https://georgiacommons.org/code/9-13-164/text
source_url: https://archive.org/download/gov.ga.ocga.2024/T09%20Ch12-16%20%28V7A%29%202015.pdf#page=285
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.
up: https://georgiacommons.org/code/9-13.md
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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. § 9-13-164. Sale of perishable property — Advertisement; notice; disposition of proceeds.

(a) The time and place of holding a sale under Code Section 9-13-163 shall be advertised at the courthouse and at two other public places at least ten days before the day of sale.

(b) The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable condition, after three days’ notice.

(c) No judicial officer shall grant any order for the sale of personal property where the defendant in execution or other process or his attorney has not had at least two days’ notice of applicant’s intention to apply for such order, which notice shall specify the time and place of hearing. In cases of attachment for purchase money falling within this Code section, like notice shall be furnished the plaintiff or his attorney. In no case shall the notice be dispensed with, except where it is made to appear that it is impracticable to have the notice perfected or where the case is an urgent one, in which latter event the court may, in the exercise of a sound discretion, grant the order without notice.

(d) The money arising from the sale shall be held by the officer making the same, subject to the order of the court having jurisdiction of the same.

## History

Ga. L. 1873, p. 48, § 1; Code 1873, § 3648; Ga. L. 1880-81, p. 60, § 1; Code 1882, § 3648; Civil Code 1895, § 5464; Civil Code 1910, § 6069; Code 1933, § 39-1204; Ga. L. 1983, p. 884, § 3-7.

## 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).