Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 1. GENERAL PROVISIONS

9-13-7. Amendment of execution — To correct mistake in issuance; alias execution.

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

(a)
When the clerk of any court has made any mistake in issuing an execution, the clerk or any of his successors in office may correct the mistake by amending the execution and shall note and certify on the execution the fact that the amendment was made by him.#
(b)
Alternatively, the clerk may issue an alias execution to be signed and dated by him at the time it is issued instead of the execution in which the mistake was made. The clerk shall note the fact of the issuing of the alias on the original, which original shall remain on file in his office, and shall likewise make a memorandum thereof on the execution docket; he shall also transcribe upon the alias all the entries and credits from the original. No order of court shall be necessary in the cases contemplated by this Code section.#

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. 1869, p. 137, § 1; Code 1873, § 3496; Code 1882, § 3496; Civil Code 1895, § 5115; Civil Code 1910, § 5699; Code 1933, § 39-111.

Law reviews

For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).

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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 187; merge action: carried; file SHA-256 c88496cf9e57.

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