---
title: O.C.G.A. § 9-13-8. Issuance of alias execution to replace lost original.
collection: code
id: 9-13-8
cite_as: O.C.G.A. § 9-13-8 (2025)
canonical_url: https://georgiacommons.org/code/9-13-8
md_url: https://georgiacommons.org/code/9-13-8.md
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source_url: https://archive.org/download/gov.ga.ocga.2024/T09%20Ch12-16%20%28V7A%29%202015.pdf#page=188
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / EXECUTIONS AND JUDICIAL SALES / GENERAL PROVISIONS
---

# O.C.G.A. § 9-13-8. Issuance of alias execution to replace lost original.

(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).