Title 9

All judgments entered against the obligors on any bond, whether official or voluntary, shall be for the amount of damages found by the verdict of the jury and not for the penalty thereof. (Laws 1847, Cobb’s 1851 Digest, p. 502; Code 1863, § 3494; Code 1868, § 3517; Code 1873, § 3…

A judgment may be amended by order of the court to conform to the verdict upon which it is predicated, even after an execution issues. (Orig. Code 1863, § 3424; Code 1868, § 3444; Code 1873, § 3494; Code 1882, § 3494; Civil Code 1895, § 5113; Ga. L. 1902, p. 55, § 1; Civil Code 1…

A judgment may not be set aside for any defect in the pleadings or the record that is aided by verdict or amendable as a matter of form. (Orig. Code 1863, § 3509; Code 1868, § 3532; Code 1873, § 3590; Code 1882, § 3590; Civil Code 1895, § 5365; Civil Code 1910, § 5960; Code 1933,…

Creditors or bona fide purchasers may attack a judgment for any defect appearing on the face of the record or the pleadings or for fraud or collusion, whenever and wherever it interferes with their rights, either at law or in equity. (Orig. Code 1863, § 3515; Code 1868, § 3538; C…

(a) Either party has a right to confess judgment without the consent of his adversary and to appeal from such confession without reserving the right to do so in cases where an appeal is allowed by law. (b) No confession of judgment shall be entered except in the county where the …

Where a judgment is entered and, within the time allowed for entering an appeal, an appeal is entered, the judgment shall be suspended. (Orig. Code 1863, § 3488; Code 1868, § 3511; Code 1873, § 3569; Code 1882, § 3569; Civil Code 1895, § 5340; Civil Code 1910, § 5935; Code 1933, …

In the trial of all civil cases, the judge upon request of the jury shall furnish the jury with written instructions as to the form of their verdict. (Orig. Code 1863, § 3480; Code 1868, § 3502; Code 1873, § 3560; Ga. L. 1880-81, p. 115, § 1; Code 1882, § 3560; Civil Code 1895, §…

In all cases of appeal where security has been given, the plaintiff or his attorney may enter judgment against the principal and his surety jointly and severally. (Laws 1826, Cobb’s 1851 Digest, p. 498; Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882, § 3571; C…

A person in whose favor a judgment has been entered or a person to whom a judgment has been transferred may bona fide and for a valuable consideration transfer any judgment to a third person. In all such cases the transferee of any judgment shall have the same rights and shall be…

The transfer of a judgment by the attorney of record of the person in whose favor the judgment was entered shall be good to pass the title thereto as against every person except the person in whose favor judgment was entered or his assignee without notice. Ratification by the pla…

The consent of the parties to a judgment has the effect of removing any issuable defenses previously filed. After such a consent the court may render judgment without the verdict of a jury. (Code 1981, § 9-12-23, enacted by Ga. L. 1982, p. 1262, § 1.)

Verdicts shall have a reasonable intendment and shall receive a reasonable construction. They shall not be avoided unless from necessity. (Orig. Code 1863, § 3481; Code 1868, § 3503; Code 1873, § 3561; Code 1882, § 3561; Civil Code 1895, § 5332; Civil Code 1910, § 5927; Code 1933…

Cloud, 294 Ga. 415, 754 S.E.2d 70 (2014). Sale of railroad property under execution. — While all the property of a railroad company was subject to be applied to payment of its just debts, and may be sold for that purpose under a judgment at law, the judgment and the execution fou…

A verdict may be so amended as to make it conform to the pleadings if the error plainly appears upon the face of the record. (Orig. Code 1863, § 3421; Code 1868, § 3441; Code 1873, § 3491; Code 1882, § 3491; Civil Code 1895, § 5110; Civil Code 1910, § 5694; Code 1933, § 110-110.)

If a part of a verdict is legal and a part illegal, the court will construe the verdict and order it amended by entering a remittitur as to that part which is illegal and giving judgment for the balance. (Orig. Code 1863, § 3423; Code 1868, § 3443; Code 1873, § 3493; Code 1882, §…

Judgment and execution shall conform to the verdict. (Orig. Code 1863, § 3482; Code 1868, § 3504; Code 1873, § 3562; Code 1882, § 3562; Civil Code 1895, § 5333; Civil Code 1910, § 5928; Code 1933, § 110-301.)

A judgment in rem is conclusive upon everyone. (Orig. Code 1863, § 3750; Code 1868, § 3774; Code 1873, § 3827; Code 1882, § 3827; Civil Code 1895, § 5372; Civil Code 1910, § 5967; Code 1933, § 110-502.)

Parol evidence shall be admissible to show that a matter apparently covered by a judgment was not really passed upon by the court. (Orig. Code 1863, § 2839; Code 1868, § 2847; Code 1873, § 2898; Code 1882, § 2898; Civil Code 1895, § 3743; Civil Code 1910, § 4337; Code 1933, § 3-6…

(a) A judgment shall become dormant and shall not be enforced: (1) When seven years shall elapse after the rendition of the judgment before execution is issued thereon and is entered on the general execution docket of the county in which the judgment was rendered; (2) Unless entr…

When any judgment obtained in any court becomes dormant, the same may be renewed or revived by an action or by scire facias, at the option of the holder of the judgment, within three years from the time it becomes dormant. (Laws 1823, Cobb’s 1851 Digest, p. 498; Code 1863, §§ 285…

Scire facias to revive a judgment is not an original action but is the continuation of the action in which the judgment was obtained. (Orig. Code 1863, § 3524; Code 1868, § 3547; Code 1873, § 3606; Code 1882, § 3606; Civil Code 1895, § 5380; Civil Code 1910, § 5975; Code 1933, § …

A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall …

In all cases of scire facias to revive a judgment, when service has been perfected, the judgment may be revived on motion at the first term without the intervention of a jury unless the person against whom judgment was entered files an issuable defense under oath, in which case t…

When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee. (Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979…

An action to renew a dormant judgment shall be brought in the county where the defendant in judgment resides at the commencement of the action. (Orig. Code 1863, § 3523; Code 1868, § 3546; Code 1873, § 3605; Code 1882, § 3605; Civil Code 1895, § 5379; Civil Code 1910, § 5974; Cod…

If the defendant in judgment or other party to be notified resides outside this state, a dormant judgment may be revived against such defendant or his representative by such process as is issued in cases in which the defendant resides in this state, provided that the defendant in…

National Bank v. Morris-Weathers Co., 248 Ga. 798, 286 S.E.2d 17 (1982). Verdict is the response of the jury to the charge and to the issue formed upon it. Lawson v. State, 52 Ga. App. 181, 182 S.E. 820 (1935). In every verdict there must be a reference to the indictment and the …

(a) The clerk of superior court of each county shall be required to keep a general execution docket in paper or electronic data base form. (b) As against the interest of third parties acting in good faith and without notice who have acquired a transfer or lien binding the propert…

As against bona fide purchasers for value without actual notice of a judgment or other third parties acting in good faith and without notice who have acquired a transfer or lien binding the defendant’s property, no money judgment obtained in any court of this state or federal cou…

No money judgment obtained in any court of this state or federal court in this state shall create any lien on land in any county other than that in which it was obtained as against the interests of third parties acting in good faith and without notice who have acquired a transfer…

(a) As against the interests of third parties acting in good faith and without notice who have acquired a transfer or lien binding any real estate situated in this state owned by a nonresident, no money judgment obtained in any court of this state or federal court in this state a…

Nothing in Code Sections 9-12-81 and 9-12-82 shall be construed to affect the validity or force of any deed, mortgage, judgment, or other lien of any kind as between the parties thereto. (Ga. L. 1889, p. 106, § 4; Civil Code 1895, § 2781; Civil Code 1910, § 3323; Code 1933, § 39-…

(a) For purposes of this Code section, the term ‘‘applicable records’’ shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets. (b) No judgment, decree, or order or any writ of fieri facias issued pursuant to any …

(a) All judgments signed on verdicts rendered at the same term of court shall be considered, held, and taken to be of equal date. (b) In the case of judgments signed on verdicts rendered at the same term of the court, no execution shall be entitled to any preference by reason of …

In all cases in which a judgment is rendered and an appeal is entered from the judgment, the property of the defendant in judgment shall not be bound by the judgment except so far as to prevent the alienation by the defendant of his property between its signing and the signing of…

A judgment in the trial court which is taken to the Supreme Court or the Court of Appeals and is affirmed loses no lien or priority by the proceeding in the appellate court. (Orig. Code 1863, § 3498; Code 1868, § 3521; Code 1873, § 3579; Code 1882, § 3579; Civil Code 1895, § 5350…

(a) Liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority regardless of the date of the rendition of the verdict or the entering of the judgment. However, this Code section shall apply only to judg…

A judgment creates no lien upon promissory notes in the hands of the defendant. (Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Code 1910, § 5948; Code 1933, § 110-509.)

When a judgment lien has attached to personal property which is removed to another state and sold, the property shall be subject to the judgment lien if brought back to this state. (Orig. Code 1863, § 3503; Code 1868, § 3526; Code 1873, § 3584; Code 1882, § 3584; Civil Code 1895,…

When any person has bona fide and for a valuable consideration purchased real or personal property and has been in the possession of the real property for four years or of the personal property for two years, such property shall be discharged from the lien of any judgment against…

For entering an execution upon the general execution docket, the clerk shall be entitled to the fees enumerated in Code Section 15-6-77. (Ga. L. 1889, p. 106, § 5; Civil Code 1895, § 2782; Civil Code 1910, § 3324; Code 1933, § 39-705; Ga. L. 1950, p. 107, § 1; Ga. L. 1971, p. 699…

This article shall be known and may be cited as the ‘‘Uniform Foreign-Country Money Judgments Recognition Act.’’ (Ga. L. 1975, p. 479, § 8; Ga. L. 2015, p. 996, § 2-1/SB 65.) The 2015 amendment, effective July 1, 2015, inserted ‘‘shall be known and’’ and substituted ‘‘Uniform For…

As used in this article, the term: (1) ‘‘Foreign country’’ means a government other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this sta…

(a) Except as otherwise provided in subsection (b) of this Code section, this article applies to any foreign-country judgment to the extent that such judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, …

(a) Except as otherwise provided in subsection (b) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112. (b) A court of this state shall not recognize a foreign-country judgment if: (1) The judgme…

(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign country; (2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized…