---
title: O.C.G.A. § 9-13-78. Control of execution after payment — By joint debtor.
collection: code
id: 9-13-78
cite_as: O.C.G.A. § 9-13-78 (2025)
canonical_url: https://georgiacommons.org/code/9-13-78
md_url: https://georgiacommons.org/code/9-13-78.md
text_url: https://georgiacommons.org/code/9-13-78/text
source_url: https://archive.org/download/gov.ga.ocga.2024/T09%20Ch12-16%20%28V7A%29%202015.pdf#page=228
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
previous: https://georgiacommons.org/code/9-13-77.md
next: https://georgiacommons.org/code/9-13-79.md
index: https://georgiacommons.org/code/index.md
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 / SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION
---

# O.C.G.A. § 9-13-78. Control of execution after payment — By joint debtor.

When judgments have been obtained against several persons and one of them has paid more than his just proportion of the same, he may have full power to control and use the execution as securities in execution control the same against principals or cosureties by having this payment entered on the execution issued to enforce the judgment, and he shall not be compelled to bring an action against the codebtors for the excess of payment on the judgment.

## History

Ga. L. 1871-72, p. 54, § 1; Code 1873, § 3599; Code 1882, § 3599; Civil Code 1895, § 5376; Civil Code 1910, § 5971; Code 1933, § 39-608.

## Cross References

Right to contribution among joint trespassers; effect of settlement, § 51-12-32.