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Official Code of Georgia Annotated

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

9-13-94. Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable.

Active

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

  1. (a)

    In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution. However, it shall not be lawful to require or take a forthcoming bond for real estate.#

  2. (b)

    When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance of the same.#

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

Laws 1811, Cobb’s 1851 Digest, p. 532; Laws 1841, Cobb’s 1851 Digest, p. 536; Code 1863, §§ 3653, 3654, 3655; Code 1868, §§ 3678, 3679, 3680; Ga. L. 1872, p. 40, § 1; Code 1873, §§ 3728, 3729, 3730; Code 1882, §§ 3728, 3729, 3730; Civil Code 1895, §§ 4614, 4615, 4616; Civil Code 1910, §§ 5160, 5161, 5162; Code 1933, §§ 39-804, 39-805.

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