Georgia Commons

Title 18. DEBTOR AND CREDITOR

Chapter 3. ATTACHMENT PROCEEDINGS

38 sections · 18-3-1 to 18-3-75

Article 1. GENERAL PROVISIONS

  1. 18-3-1Grounds for attachment.
  2. 18-3-2Right to seek attachment on money demands generally.
  3. 18-3-3Attachment prior to debt becoming due; stay of execution when debt not due before final judgment.
  4. 18-3-4Attachment after action commenced; effect of judgment on pending action.
  5. 18-3-5Attachment against administrator or executor; entry of final judgment.
  6. 18-3-6Attachment against joint contractors or partners.
  7. 18-3-7Attachment against nonresident corporations.
  8. 18-3-8Right of surety or endorser upon an instrument of writing to attach property of principal.
  9. 18-3-9Application for issuance of writ of attachment prior to judgment; contents of application; procedure.
  10. 18-3-10Bond requirements generally.
  11. 18-3-10.1Service of process in action against nonresident plaintiff for damages.
  12. 18-3-11Affidavit for attachment and execution of bond when debt due to partnership or several persons jointly.
  13. 18-3-12Persons who may be taken as security or surety on a bond.
  14. 18-3-13Procedure for contesting sufficiency of bond; requirement of additional security or new bond; failure to comply.
  15. 18-3-14Service of writ of attachment on defendant; notification of defendant of issuance of attachment.
  16. 18-3-15Right of defendant to postseizure hearing.
  17. 18-3-16Issuance and levy of attachment on Sunday.
  18. 18-3-17Courts to which attachments returnable; applicability of rules of civil practice and procedure; filing of declaration in attachment; notice of declaration.
  19. 18-3-18Applicability of Chapter 10 of Title 9 subsequent to filing of declaration in attachment.
  20. 18-3-19Forms for attachment.
  21. 18-3-20Substantial compliance in matters of form sufficient.

Article 2. LEVY AND REPLEVY OF PROPERTY GENERALLY

  1. 18-3-30Duty of officer to whom attachment directed generally and regarding property removed from county.
  2. 18-3-31Levy by officer of attachments in order received; entry of time and date of levy on attachment; levy upon land and attachment entry on docket by clerk.
  3. 18-3-32Levy on property in a different county.
  4. 18-3-33Replevy of property by defendant generally upon payment of bond; amount of bond; return of property by officer taking bond; right of plaintiff to entry of judgment upon bond.
  5. 18-3-34Replevy of property of foreign corporation upon payment of bond; return of bond by levying officer; right of plaintiff to entry of judgment on bond.

Article 3. THIRD-PARTY CLAIMS

  1. 18-3-50Procedure generally.
  2. 18-3-51Delivery of property to claimant upon payment of bond; return of affidavit and bond by levying officer.
  3. 18-3-52Trial of claim.
  4. 18-3-53Proceedings upon failure of claimant to deliver property pursuant to conditions of bond.
  5. 18-3-54Liability of claimant and surety on bond for hire or use of property where plaintiff’s debt unsatisfied.
  6. 18-3-55Interposition of claim before or after judgment.

Article 4. JUDGMENT, EXECUTION, AND LEVY

  1. 18-3-70Property bound by judgment in attachment.
  2. 18-3-71Setting aside judgment.
  3. 18-3-72Execution and levy on judgment.
  4. 18-3-73Application of proceeds of sale.
  5. 18-3-74When lien arises; priorities.
  6. 18-3-75Entry on attachment docket; effect of failure to make such entry.