Official Code of Georgia Annotated
Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 1. GENERAL PROVISIONS
9-13-8. Issuance of alias execution to replace lost original.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by any other satisfactory proof, grant an order for the issuing of an alias execution in lieu of the lost original execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.#
- (b)
When an execution which was regularly issued by an officer of the state as authorized by law is lost or destroyed, the state officer or the successor to the state officer by whom the same was issued may at any time issue an alias execution in lieu of the lost original execution. The alias execution shall be dated the same date as the original execution and the officer shall endorse the word ‘‘alias’’ on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.#
- (c)
When an execution which was regularly issued by an officer of a county or local government as authorized by law is lost or destroyed, the judge of the probate court of the county in which the original execution was issued may issue an alias execution upon the filing by the party having the right to control the original execution of a statement under oath of the loss or destruction of such original execution. The judge shall endorse the word ‘‘alias’’ on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.#
History
Ga. L. 1857, p. 104, § 1; Code 1863, § 3892; Code 1868, § 3912; Code 1873, § 3988; Code 1882, § 3988; Civil Code 1895, § 4752; Civil Code 1910, § 5321; Code 1933, § 63-210; Ga. L. 1985, p. 1243, § 1.
Law reviews
For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).
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, page 188; merge action: carried; file SHA-256 c88496cf9e57.