Georgia Commons

Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 5. CLAIMS

9-13-92. Affidavit of indigence.

Active

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

  1. In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90, an affidavit as follows:

  2. ‘‘I, A.B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that the claim will be sustained; and that because of my indigence I am unable to give bond and security as required by law.’’

  3. When the affidavit has been made and delivered to the levying officer, it shall suspend the sale in the same manner as if bond and security had been given.

Reading note: the printed indentation of one or more subsections was ambiguous, so their nesting is the extractor's best reading. The official page linked below settles any doubt.

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. 1870, p. 411, § 1; Code 1873, § 3733; Code 1882, § 3733; Civil Code 1895, § 4618; Civil Code 1910, § 5164; Code 1933, § 39-807.

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

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