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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 2. PARTIES IN EXECUTION

9-13-36. Transfer of execution upon payment; status of transferee; recording necessary to preserve lien; exception for tax executions.

Active

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

  1. (a)

    Except as otherwise provided for in subsection (b) of this Code section, whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such person’s residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution.#

  2. (b)

    This Code section shall not be applicable to tax executions. Tax executions shall be governed exclusively by Chapters 3 and 4 of Title 48.#

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

Ga. L. 1872, p. 75, § 1; Code 1873, § 891a; Ga. L. 1875, p. 119, § 1; Code 1882, § 891a; Ga. L. 1894, p. 37, § 1; Civil Code 1895, § 888; Civil Code 1910, § 1145; Code 1933, § 39-403; Ga. L. 2006, p. 770, § 1/SB 585.

Editor's notes

Ga. L. 2006, p. 770, § 8/SB 585, not codified by the General Assembly, provides: ‘‘The provisions of this Act shall apply to all executions transferred on or after July 1, 2006. Executions transferred prior to July 1, 2006, shall not be affected by this Act.’’

Code Commission notes

Pursuant to Code Section 28-9-5, in 2006, a comma was deleted following ‘‘execution’’ in the first sentence of subsection (a).

Law reviews

For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

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, pages 203 to 204; merge action: carried; file SHA-256 c88496cf9e57.

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