Georgia Commons

Title 9. CIVIL PRACTICE

Chapter 13. EXECUTIONS AND JUDICIAL SALES

99 sections · 9-13-1 to 9-13-178

Article 1. GENERAL PROVISIONS

  1. 9-13-1Entry and signing of judgment prerequisite to execution.
  2. 9-13-2Execution suspended by appeal.
  3. 9-13-3Execution to follow judgment.
  4. 9-13-4Judge may frame executions.
  5. 9-13-5Amendment of execution — To conform to judgment or time of return.
  6. 9-13-6Amendment of execution — To conform to amended judgment.
  7. 9-13-7Amendment of execution — To correct mistake in issuance; alias execution.
  8. 9-13-8Issuance of alias execution to replace lost original.
  9. 9-13-9When execution returnable.
  10. 9-13-10Issuance of execution; to whom directed; on what property levied.
  11. 9-13-11Direction, levy, service, and return of execution when sheriff a party.
  12. 9-13-12Entry of levy on process.
  13. 9-13-13Written notice of levy on land.
  14. 9-13-14Bonds taken by executing officers valid; rights of plaintiffs not affected.
  15. 9-13-15Measure of damages on forthcoming bond.
  16. 9-13-16Penalty for fraudulent levy.

Article 2. PARTIES IN EXECUTION

  1. 9-13-30Execution against sureties and endorsers.
  2. 9-13-31Execution against principal and his surety on appeal.
  3. 9-13-32Execution following death of defendant.
  4. 9-13-33Executions using partnership name valid.
  5. 9-13-34Right to transfer execution; status of transferee.
  6. 9-13-35Effect of transfer by attorney; ratification.
  7. 9-13-36Transfer of execution upon payment; status of transferee; recording necessary to preserve lien; exception for tax executions.

Article 3. PROPERTY AGAINST WHICH EXECUTION LEVIED

  1. 9-13-50Designation by defendant of property to be levied on; when sheriff bound thereby.
  2. 9-13-51Sale of property subject to lien; order of application to payment.
  3. 9-13-52When sheriff may levy on and sell land outside county.
  4. 9-13-53When constable may levy on land; sale by sheriff.
  5. 9-13-54When growing crop levied on and sold.
  6. 9-13-55Seizure prerequisite to sale of personalty.
  7. 9-13-56Future interests in personalty.
  8. 9-13-57Choses in action.
  9. 9-13-58Corporation’s disclosure of worth of defendant’s shares mandated; refusal treated as contempt.
  10. 9-13-59What property liable to execution in action against joint contractors or partners when not all served.
  11. 9-13-60Taking up of debt to give defendant legal title to property; notice of levy and sale; application of proceeds.

Article 4. SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION

  1. 9-13-70Suspension of execution for 60 days pending payment; bond.
  2. 9-13-71Sufficient levy on personalty prima-facie satisfaction; effect of dismissal.
  3. 9-13-72Release of property subject to execution.
  4. 9-13-73Application of fund to younger lien with senior lienholder’s consent.
  5. 9-13-74Release by agreement.
  6. 9-13-75Setoff of judgments; collection of balance.
  7. 9-13-76Execution by defendant after setoff.
  8. 9-13-77Control of execution after payment — By security.
  9. 9-13-78Control of execution after payment — By joint debtor.
  10. 9-13-79Partial payments to be entered.
  11. 9-13-80Execution to be canceled when satisfied; private right of action; damages.

Article 5. CLAIMS

  1. 9-13-90Claims authorized; to be on oath.
  2. 9-13-91Bond and security for damages; how damages determined.
  3. 9-13-92Affidavit of indigence.
  4. 9-13-93Postponement of sale.
  5. 9-13-94Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable.
  6. 9-13-95Execution of affidavit and bond by partner or joint owner.
  7. 9-13-96When plaintiff in execution may give forthcoming bond.
  8. 9-13-97Sale of property on claimants’ application; order; advertisement; disposition of proceeds.
  9. 9-13-98When and where claim, levy, and execution to be returned.
  10. 9-13-99Return of claim or illegality against execution from probate court.
  11. 9-13-100Claim to be tried by jury.
  12. 9-13-101Additional oath of jurors; damages and costs when claim made for delay.
  13. 9-13-102Burden of proof.
  14. 9-13-103Withdrawal or discontinuance of claim limited.
  15. 9-13-104Trial of damage issue where claim dismissed or withdrawn.
  16. 9-13-105How damages assessed.
  17. 9-13-106Withdrawal of original execution and filing of copy.

Article 6. ILLEGALITY

  1. 9-13-120Affidavit of illegality — When authorized; bond and security.
  2. 9-13-121Affidavit of illegality — To show lack of service; not available to go behind judgment.
  3. 9-13-122Affidavit of illegality — Not available for excessive levy generally.
  4. 9-13-123Affidavit of illegality — By whom filed.
  5. 9-13-124Affidavit of illegality — When received.
  6. 9-13-125Affidavit of illegality — When and how amendable.
  7. 9-13-126Amount and condition of forthcoming bond.
  8. 9-13-127Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury.
  9. 9-13-128Damages for delay; procedure following dismissal or withdrawal of illegality.
  10. 9-13-129Property subject to other executions; retention of sale proceeds to satisfy first execution; release of bond pro tanto.

Article 7. JUDICIAL SALES · Part 1. ADVERTISEMENT

  1. 9-13-140How judicial sales advertised; description of property; advertisement and sale of livestock.
  2. 9-13-141Timing of advertisements.
  3. 9-13-142Requirements for official organ of publication; designation where no journal or newspaper qualifies; how official organ changed; notice to Secretary of State.
  4. 9-13-143Rates for legal advertisements.
  5. 9-13-144Alternate advertising when rates not agreed on.
  6. 9-13-145Advertising costs paid in advance; exception when affidavit of indigence filed.

Article 7. JUDICIAL SALES · Part 2. CONDUCT AND EFFECT

  1. 9-13-160Time of conducting public sale.
  2. 9-13-161Where and when sales under execution held; change of place of public sales by court order.
  3. 9-13-161.1Holding of sales of personal property at place other than courthouse; advertisement of general order as to sale location.
  4. 9-13-162Continuance of sale from day to day.
  5. 9-13-163Sale of perishable property — When and by whom ordered; where held.
  6. 9-13-164Sale of perishable property — Advertisement; notice; disposition of proceeds.
  7. 9-13-165Sale of perishable property — Under tax executions.
  8. 9-13-166Form of tender.
  9. 9-13-167Purchaser to ascertain title and condition; under what conditions officer personally liable.
  10. 9-13-168Obligations of purchaser.
  11. 9-13-169Note or memorandum unnecessary.
  12. 9-13-170Liability for purchase money; officer’s collection options.
  13. 9-13-171When defendant bound by sale under void process.
  14. 9-13-172When execution sale set aside.
  15. 9-13-172.1“Eligible sale” defined; recision of sale; damages.
  16. 9-13-173Effect of judicial sale on title.
  17. 9-13-174When sheriff’s successor empowered to make titles.
  18. 9-13-175Duty of officer to place purchaser in possession; which persons officer may dispossess.
  19. 9-13-176How possession obtained after expiration of court term or replacement of officer.
  20. 9-13-177Right to enforce covenants.
  21. 9-13-178When title deeds prior to purchase must be proved.