Title 15 — Courts
0 chapters · 823 sections in this title.
O.C.G.A. § 15-13-1 Officers of court liability
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All sheriffs, deputy sheriffs, coroners, jailers, constables, and other officers of court shall be liable to all actions and disabilities which they incur in respect of any matter or thing relating to or concerning their respective offices. (Laws 1792, Cobb’s 1851 Digest, p. 576;…
O.C.G.A. § 15-13-11 Rule absolute as lien on officer’s property
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When a rule absolute has been obtained against any officer for the payment of money, as provided in Code Sections 15-13-4 and 15-13-5, the rule shall constitute the same lien upon the property, both real and personal, of the officer as an ordinary judgment at law; and, if not pun…
O.C.G.A. § 15-13-12 Date of lien against officer’s property
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Unless otherwise provided by law, a rule absolute granted against a sheriff, constable, or other officer who has defaulted in his duty shall constitute a lien on his property from the date of rendition but shall be of equal date with other judgments rendered against the officer w…
O.C.G.A. § 15-13-2 Liability of sheriffs to damage action or contempt
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Any sheriff shall be liable to an action for damages or an attachment for contempt of court, at the option of the party, whenever it appears that the sheriff has injured the party by: (1) Making a false return; (2) Neglecting to arrest a defendant; (3) Neglecting to levy on the p…
O.C.G.A. § 15-13-30 Fees not generally charged to state; exceptions
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None of the fees which clerks of the superior courts, sheriffs, deputy sheriffs, bailiffs, magistrates, or constables are entitled to charge and collect for the performance of their official duties shall be charged to the state for failure to collect from the person charged unles…
O.C.G.A. § 15-13-31 Receipt for fees to be given; penalty
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Every public official mentioned in Code Section 15-13-30, his deputy, or his agent shall, when required, give a statement of the fees demanded and a receipt for the same to any person paying any lawful or pretended fees of office, on pain of forfeiting $10.00 for every such negle…
O.C.G.A. § 15-13-32 Penalty for excessive fees
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If a public official mentioned in Code Section 15-13-30 takes or demands any greater fee than the law allows or a fee for services not performed, he shall forfeit $50.00, to be demanded in court and recovered as prescribed in Code Section 15-13-31. (Laws 1792, Cobb’s 1851 Digest,…
O.C.G.A. § 15-13-33 Table of fees to be kept
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(a) Every public official shall constantly keep and have posted in a conspicuous place in his or her office, the place where the business thereof is conducted, or in an electronic format accessible to the public a table of fees for his or her office stated in fair words and figur…
O.C.G.A. § 15-13-34 Treble costs against plaintiffs
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When an action based on Code Sections 15-13-30 through 15-13-33 is brought against a public official and a judgment is rendered in favor of 214 15-13-36 the official, the person who brought the action shall pay three times the ordinary costs. (Laws 1792, Cobb’s 1851 Digest, p. 35…
O.C.G.A. § 15-13-35 Demanding excessive costs; penalty
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Except as otherwise provided by law, any officer of court who knowingly demands, as costs from a defendant in a criminal case, fees to which such officer is not entitled and any prosecuting attorney who demands or receives any fee or costs on any criminal case which has not been …
O.C.G.A. § 15-13-4 Rule nisi; service
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The judges of the superior courts, judges of the probate courts, and magistrates, respectively, upon application, may grant rules nisi against all officers subject thereto, which rules nisi shall contain a full statement of the case in which the officer is called upon to show cau…
O.C.G.A. § 15-13-5 Verified answer; jury trial; disposition
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The officer called on by rule nisi, as provided in Code Section 15-13-4, shall fully respond in writing to the rule, which answer shall be under oath taken at the time the answer is filed. If the answer is not denied, the rule shall be discharged or shall be made absolute, depend…
O.C.G.A. § 15-13-6 When rule absolute granted without notice
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If a sheriff or other officer designedly absents himself from his court, the presiding judge or justice, when required by plaintiffs in execution or their attorneys, shall grant a rule absolute against the sheriff or other officer without the notice provided for in Code Section 1…
O.C.G.A. § 15-13-7 Liability of magistrates and constables to rule nisi
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Magistrates and constables shall be considered officers of the superior court so far as to be subject to be ruled under similar conditions as are provided in relation to any other officer of the court and shall be subject to all the penalties as are provided in case of a rule abs…
O.C.G.A. § 15-13-8 Retired officers subject to court order
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Sheriffs, deputy sheriffs, coroners, clerks of the superior courts, magistrates, and constables shall be subject to the rule and order of the courts at any and all times after they have retired from their respective offices, in such cases and in like manner as they would have bee…
O.C.G.A. § 15-13-9 Deputy sheriff’s liability; effect on sheriff
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All deputy sheriffs shall be liable to be ruled and attached in the same way and manner as sheriffs. However, the liability of the sheriff shall not be affected by any such proceeding against his deputy when the same is not effective. (Laws 1841, Cobb’s 1851 Digest, p. 580; Code …