Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-13-7 Amendment of execution — To correct mistake in issuance; alias execution
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(a) When the clerk of any court has made any mistake in issuing an execution, the clerk or any of his successors in office may correct the mistake by amending the execution and shall note and certify on the execution the fact that the amendment was made by him. (b) Alternatively,…
O.C.G.A. § 9-13-72 Release of property subject to execution
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If the plaintiff in execution, for a valuable consideration, releases property which is subject to execution, the release shall be a satisfaction of the execution to the extent of the value of the property so released insofar as purchasers and creditors are concerned. However, no…
O.C.G.A. § 9-13-73 Application of fund to younger lien with senior lienholder’s consent
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If an execution creditor having the older lien on a fund in the hands of the sheriff or other officer allows the fund by his consent to be applied to a younger writ of execution, it shall be considered an extinguishment pro tanto of the creditor’s lien insofar as third persons ma…
O.C.G.A. § 9-13-74 Release by agreement
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An agreement for a valuable consideration never to enforce a judgment or execution shall release the judgment or execution. (Orig. Code 1863, § 3587; Code 1868, § 3610; Code 1873, § 3660; Code 1882, § 3660; Civil Code 1895, § 5445; Civil Code 1910, § 6050; Code 1933, § 39-604.)
O.C.G.A. § 9-13-75 Setoff of judgments; collection of balance
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One judgment may be set off against another, on motion, whether in the hands of an original party or an assignee. The balance on the larger is collectable under execution. The rights of an assignee shall not be interfered with if bona fide and for value. (Orig. Code 1863, §§ 2843…
O.C.G.A. § 9-13-76 Execution by defendant after setoff
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In all cases of mutual debts and setoffs where the jury finds a balance for the defendant, the defendant may enter judgment for the amount and take out execution in the manner as plaintiffs may do by this Code, provided that the defendant at the time of filing his answer files th…
O.C.G.A. § 9-13-77 Control of execution after payment — By security
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The security paying off an execution shall have control thereof. (Laws 1826, Cobb’s 1851 Digest, p. 593; Code 1863, § 3590; Code 1868, § 3613; Code 1873, § 3663; Code 1882, § 3663; Civil Code 1895, § 5441; Civil Code 1910, § 6046; Code 1933, § 39-607.) 227 9-13-78
O.C.G.A. § 9-13-78 Control of execution after payment — By joint debtor
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When judgments have been obtained against several persons and one of them has paid more than his just proportion of the same, he may have full power to control and use the execution as securities in execution control the same against principals or cosureties by having this paymen…
O.C.G.A. § 9-13-79 Partial payments to be entered
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When a payment on an execution is made which does not entirely satisfy the judgment upon which the execution has been issued, the plaintiff in execution or his attorney shall authorize the clerk to enter the amount of the payments upon the execution. (Code 1933, § 39-609, enacted…
O.C.G.A. § 9-13-8 Issuance of alias execution to replace lost original
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(a) When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by…
O.C.G.A. § 9-13-9 When execution returnable
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All executions, except as otherwise provided by this Code, shall be made returnable to the next term of the court from which they issued. (Orig. Code 1863, § 3557; Code 1868, § 3580; Code 1873, § 3635; Code 1882, § 3635; Civil Code 1895, § 5416; Civil Code 1910, § 6021; Code 1933…
O.C.G.A. § 9-13-90 Claims authorized; to be on oath
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When any sheriff or other officer shall levy an execution or other process on property claimed by a third person not a party to the execution, the person, his agent, or his attorney may make oath claiming the property. (Laws 1839, Cobb’s 1851 Digest, p. 535; Code 1863, § 3650; Co…
O.C.G.A. § 9-13-91 Bond and security for damages; how damages determined
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The person claiming the property levied on, or his agent or attorney, shall give bond to the sheriff or other levying officer, with good and sufficient security in a sum not larger than double the amount of the execution levied, made payable to the plaintiff in execution. Where t…
O.C.G.A. § 9-13-92 Affidavit of indigence
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In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90, an affidavit as follows: ‘‘I, A.B., do swear that I do not interpose this claim for delay only; t…
O.C.G.A. § 9-13-93 Postponement of sale
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When affidavit and bond have been made and delivered as required in Code Sections 9-13-90 and 9-13-91, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered. (Laws 1821, Cobb’s 1851 Digest, p. 532; Code 1863, § 3…
O.C.G.A. § 9-13-98 When and where claim, levy, and execution to be returned
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When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued.…