Georgia Commons

Title 44. PROPERTY

Chapter 13. EXEMPTIONS FROM LEVY AND SALE

48 sections · 44-13-1 to 44-13-120

Article 1. CONSTITUTIONAL EXEMPTIONS · Part 1. IN GENERAL

  1. 44-13-1Amount of exemption; who may claim exemption; what charges enforceable.
  2. 44-13-1.1“Dependent” defined.
  3. 44-13-2Application for exemption by spouse, minor children or representative of dependents upon debtor’s refusal to apply.
  4. 44-13-3Supplementation of exemption.
  5. 44-13-4Application for exemptions; to whom made; contents; schedule of property and list of creditors; effect of failure to comply; survey.
  6. 44-13-5Survey of lands in different county.
  7. 44-13-6Duty to provide full schedule of property; effect of fraudulent omissions.
  8. 44-13-7Publication of notice of application; form.
  9. 44-13-8Written notice to creditors; how given.
  10. 44-13-9Time fixed by notice for hearing.
  11. 44-13-10Survey of exempted real property; affidavit of surveyor; return to probate court; objection to survey; failure of surveyor to comply as contempt.
  12. 44-13-11Approval of application; transmittal of copy of exempted real property to other counties; recordation.
  13. 44-13-12Objections to schedule.
  14. 44-13-13Appointment of appraisers upon filing of objections; examination and valuation of property; alterations in plat and schedule; approval and recordation; appeal.
  15. 44-13-14Procedure for exempting town realty valued in excess of exemption; order of probate court; reinvestment of sale proceeds; liability of judge or officer.
  16. 44-13-15How cash exempted; investment in personalty.
  17. 44-13-16Sale of exempted property for reinvestment; procedure; effect.
  18. 44-13-17Sale for reinvestment when application made for debtor’s children or dependents or by divorced spouse.
  19. 44-13-18Disposition of rents and profits arising from exempted property.
  20. 44-13-19Costs of proceedings.
  21. 44-13-20Reversion of property set apart for spouse, children, or dependents.
  22. 44-13-21Effect of article on other exemptions.

Article 1. CONSTITUTIONAL EXEMPTIONS · Part 2. WAIVER OF EXEMPTIONS

  1. 44-13-40Right of debtor to waive exemption.
  2. 44-13-41Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor.
  3. 44-13-42Mode of setting apart household and kitchen furniture and provisions; schedule; recordation; fee.
  4. 44-13-43Spouse or dependent claiming exemption for debtor may not claim own exemption.

Article 1. CONSTITUTIONAL EXEMPTIONS · Part 3. LEVY ON AND SALE OF EXEMPTED REAL PROPERTY

  1. 44-13-60Affidavit disputing exemption of exempted real property from execution; levy and sale by officer; effect of debtor’s counteraffidavit.
  2. 44-13-61When and how issue tried.
  3. 44-13-62Findings upon the trial; effect.
  4. 44-13-63Levy or sale of exempted real property as trespass; persons entitled to recovery.

Article 1. CONSTITUTIONAL EXEMPTIONS · Part 4. SALE OF EXCESS PROPERTY BY RECEIVER

  1. 44-13-80Appointment of receiver to sell excess realty.
  2. 44-13-81Delivery of excess personalty to receiver for disposition.
  3. 44-13-82Sale of realty and distribution of proceeds; priorities.
  4. 44-13-83Procedure for sale of personalty.
  5. 44-13-84Only one receiver authorized.
  6. 44-13-85Cancellation of sale upon failure of any creditor to appear and file claim.
  7. 44-13-86Bond required of receiver; power of superior court over receiver; settling of conflicts; disposition of excess.
  8. 44-13-87Right of applicant to select exempt property.

Article 2. STATUTORY EXEMPTIONS

  1. 44-13-100Exemptions for purposes of bankruptcy and intestate insolvent estates.
  2. 44-13-101Method of obtaining exemption.
  3. 44-13-102Survey and plat of exempted land; return to probate court; recordation.
  4. 44-13-103Objections to survey or to valuation of improvements; application to probate court; appointment of appraisers; alterations in survey.
  5. 44-13-104Town property worth more than $500.00; sale and reinvestment.
  6. 44-13-105Sale of property subject to encumbrance of homestead.
  7. 44-13-106Use of exempted property.
  8. 44-13-107Exempted property subject to levy and sale for purchase money and taxes.
  9. 44-13-108Levy or sale of exempt property as trespass; cause of action.

Article 3. DOMESTICATED JUDGMENT

  1. 44-13-120Rights of Georgia residents.