When lien arises; priorities

The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment. History. Code 1933, § 8-905, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, § 18-3-74, enacted by Ga. L. 1982, p. 1578, § 2. 18-3-75. Entry on attachment docket; effect of failure to make such entry. As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this Code section shall be construed to affect the validity or force of any attachment as between the parties thereto. History. Code 1933, § 8-906, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, § 18-3-75, enacted by Ga. L. 1982, p. 1578, § 2. 141 T.18, C.4 T.18, C.4 DEBTOR AND CREDITOR CHAPTER 4 GARNISHMENT PROCEEDINGS Sec. 18-4-20. Article 1 General Provisions Sec. 18-4-1. 18-4-2. 18-4-3. 18-4-4. 18-4-5. 18-4-6. 18-4-7. 18-4-8. 18-4-9. 18-4-10. 18-4-11. 18-4-12. 18-4-13. 18-4-14. 18-4-15. 18-4-16. 18-4-17. 18-4-18. 18-4-19. 18-4-21. Definitions.