Title 44 — Title 44
0 chapters · 990 sections in this title.
O.C.G.A. § 44-13-1 Statutory exemptions
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Homestead subject to levy and sale for taxes, §44-13-107. Federal tax lien registration, §§44-14-570 to 44-14-574. Certificates. Duties of filing officers, §44-14-573. When entitled to be filed, §44-14-572. Certification of notices and certificates by secretary of treasury, §44-14-572…
O.C.G.A. § 44-13-1.1 Depository for hire
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Bailments, §44-12-90. Deposits. Bailments, §44-12-90. Derelict. Abandoned mobile homes, §44-7-112. Descendant. Heirs property, uniform partition, §44-6-180. Designation.
O.C.G.A. § 44-13-100 Rodriquez v
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United States (In re Rodriquez), No. 09-93431-JB, No. 10-9006-JB, 2010 Bankr. LEXIS 955 (Bankr. N.D. Ga. Mar. 23, 2010). Health savings account does not constitute a right to receive a disability, illness, or unemployment benefit for the purposes of O.C.G.A. § 44-13100(a)(2)(C), n…
O.C.G.A. § 44-13-101 Method of obtaining exemption
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Every debtor seeking the benefit of Code Section 44-13-100 or, if he 385 44-13-101 refuses, his wife or any person acting as her next friend shall make out a schedule of the property claimed to be exempt and shall return the schedule to the judge of the probate court of the county…
O.C.G.A. § 44-13-102 Objections, §44-13-103
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Geodetic control monuments. Removal or destruction, §44-1-15. Injuries to survey monuments, §44-1-15. 1160 INDEX SURVEYS AND SURVEYORS —Cont’d Land registration. Survey of premises, §44-2-64. Order of judge or examiner, §44-2-77. Land surveyors.
O.C.G.A. § 44-13-104 Foreclosures
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Mortgaged property, §44-14-187. Disposition of proceeds, §44-14-190. Treatment when debt due in installments, §44-14-191. Purchasers’ rights at void or irregular sale, §44-14-189. Real property. Realty subject to liens, §44-14-530. Sales under power of sale. General provisions, §…
O.C.G.A. § 44-13-105 Sale of property subject to encumbrance of homestead
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If, from any cause, the exempt land has not been laid off when the remainder of the land is offered for sale, the purchaser shall buy subject to the encumbrance of the homestead if he was given notice of the exemption. 389 History. Orig. Code 1863, § 2018; Code 1868, § 2018; Code…
O.C.G.A. § 44-13-106 Use of exempted property
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The property exempt under this article shall be for the use and benefit of the family of the debtor from whose estate the property has been exempted and allowed. Upon the death of the wife or her subsequent marriage, the property shall remain for the support and benefit of the mino…
O.C.G.A. § 44-13-107 Exempted property subject to levy and sale for purchase money and taxes
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Property exempted from levy and sale as provided for in this article shall not be exempt from levy and sale for the purchase money or for the state and county or municipal taxes. History. Ga. L. 1874, p. 19, § 1; Code 1882, § 2046a; Civil Code 1895, § 2873; Civil Code 1910, § 342…
O.C.G.A. § 44-13-108 Exemptions from levy and sale
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Closing of case. Filing of affidavit of lien release and copies of orders, §44-13-100. Generally, §§44-13-1 to 44-13-120. Statutory exemptions. Exemptions for purposes of bankruptcy, §44-13-100. Levy sale exemptions. Generally, §§44-13-1 to 44-13-120. Petitions. Recordation. Cler…
O.C.G.A. § 44-13-11 Timothy v
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Chambers, 85 Ga. 267, 11 S.E. 598, 1890 Ga. LEXIS 39 (1890). Original papers as evidence. — The original homestead papers, not the record of them from the clerk’s office, were proper evidence. Larey v. Baker, 85 Ga. 687, 11 S.E. 800, 1890 Ga. LEXIS 134 (1890). Proof of lost paper…
O.C.G.A. § 44-13-12 Objections to schedule
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Should any creditor of the applicant desire to object to the schedule for want of sufficiency and fullness or for fraud of any kind or to dispute the valuation of the personalty, the propriety of the survey, or the value of the premises so platted as the exempted real property, h…
O.C.G.A. § 44-13-120 Rights of Georgia residents
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As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to …
O.C.G.A. § 44-13-13 Partition of heirs property
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Valuation of property, methods, §44-6-184. Partition when physical division of property inequitable, §44-6-166.1. APPRAISERS. Exemptions from levy and sale. Objections to schedule. Appointment, §44-13-13. Statutory exemptions. Survey of exempted land or valuation of improvements.…
O.C.G.A. § 44-13-14 Forms
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Publication of notice of application, §44-13-7. Fraudulent omissions from schedule of property, §44-13-6. Harassment of debtor, §44-13-41. Hearings. Time fixed by notice for, §44-13-9. Homestead exemptions. Effect of article on other exemptions, §44-13-21. Household and kitchen fu…
O.C.G.A. § 44-13-15 How cash exempted; investment in personalty
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When any person applies for an exemption of personalty and the personalty sought to be exempted consists of cash in whole or in part, before the cash shall be allowed as an exemption, it shall, under the direction of the judge of the probate court, be invested in such articles of…
O.C.G.A. § 44-13-16 Sale of exempted property for reinvestment; procedure; effect
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(a) Whenever the debtor shall desire the exempted property, whether real or personal, to be sold for reinvestment, an application for the sale of the property must be made to the judge of the superior court of the county where the debtor resides or the property is situated unless…
O.C.G.A. § 44-13-18 Larey v
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Baker, 85 Ga. 687, 11 S.E. 800, 1890 Ga. LEXIS 134 (1890). 44-13-20 Debts due physician. — Debts due a physician in the earning of which the physician’s skill was the principal factor, and the use of exempted property, such as the living in a house set apart as a homestead and ri…
O.C.G.A. § 44-13-19 Costs of proceedings
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Before the approval of the judge of the probate court may be demanded as provided in this article, the applicant shall pay to such judge the cost of the proceedings, including the clerk’s cost for recording the same. The applicant shall be bound for such costs if the judge approv…
O.C.G.A. § 44-13-20 Right of debtor to waive, §44-13-40
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EXEMPTIONS FROM LEVY AND SALE —Cont’d Constitutional exemptions —Cont’d Sale for reinvestment. Application made for children or dependents or by divorced spouse, §44-13-17. Effect, §44-13-16. Liens divested in transfer to newly acquired property, §44-13-16. Procedure, §44-13-16. …
O.C.G.A. § 44-13-21 Effect of article on other exemptions
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Nothing contained in this article shall be construed to prevent any debtor who does not wish to avail himself of the benefits of this article from claiming the exemptions allowed by Code Section 44-13-100. No person who is allowed the exemptions under Code Section 44-13-100 shall …
O.C.G.A. § 44-13-3 Supplementation of exemption
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It shall be the right of the applicant to supplement his exemption by adding to an amount already set apart, which amount is less than the whole amount of the exemption allowed by this article, enough to make his exemption equal to the whole amount allowed by resorting to the met…
O.C.G.A. § 44-13-4 Service of process
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Notice to creditors, §44-13-8. Statutory exemptions. Effect of article on, §44-13-21. Election of exemptions, §44-13-21. Supplementation, §44-13-3. Survey of applicant’s real property. Affidavit of surveyor, §44-13-10. Application for orders, §44-13-4. Contempt for failure of sur…
O.C.G.A. § 44-13-40 Right of debtor to waive exemption
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Any debtor may, except as to wearing apparel and $300.00 worth of household and kitchen furniture and provisions, waive or renounce his right to the benefit of the exemption provided for by this article by a waiver, either general or specific, in writing simply stating that he does…
O.C.G.A. § 44-13-41 Dependents
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Application for exemption upon debtor’s refusal to apply, §44-13-2. Defined, §44-13-1.1. Dependent claiming exemption for debtor may not claim own exemptions, §44-13-43. Reversion of property set aside for, §44-13-20. Sale for reinvestment when application made by, §44-13-17. Dism…
O.C.G.A. § 44-13-42 Objections, §44-13-12
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Alterations, §44-13-13. Appeals, §44-13-13. 991 INDEX EXEMPTIONS FROM LEVY AND SALE —Cont’d Constitutional exemptions —Cont’d Schedule of property to be exempted —Cont’d Objections —Cont’d Appointment of appraisers, §44-13-13. Approval and recordation, §44-13-13. Examination and …
O.C.G.A. § 44-13-43 Right of debtor to waive exemption
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Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor. Mode of setting apart household and kitchen furniture and provisions; schedule; recordation; fee. Spouse or dependent claiming exemption for debtor may…
O.C.G.A. § 44-13-5 Survey of lands in different county
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Whenever the applicant does not possess a sufficient amount of realty located in the county of his residence, he may include in his application tracts of land located in counties other than that of his residence. In such case, the judge of the probate court before whom the applic…
O.C.G.A. § 44-13-6 Fraudulent omission, §44-13-6
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Household and kitchen furniture, §44-13-42. Objections, §44-13-12.
O.C.G.A. § 44-13-60 COUNTERCLAIMS
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Distress warrants. Answer may contain counterclaim, §44-7-74. Foreclosure of security interest on personal property. Answer may contain counterclaim, §44-14-233. Foreclosures arising out of commercial transactions. Time for filing, §44-14-267. COUNTERCLAIMS —Cont’d Landlord and te…
O.C.G.A. § 44-13-61 List of creditors
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Petition for application to be accompanied by, §44-13-4. Material furnished for property. Exception to exemptions, §44-13-1. Minors. Application for exemption upon debtor’s refusal to apply, §44-13-2. Reversion of property set aside for children, §44-13-20. Sale for reinvestment …
O.C.G.A. § 44-13-62 Findings upon the trial; effect
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When the finding upon the trial provided for in Code Section 44-13-61 is in favor of the plaintiff in execution, it shall be the duty of the levying officer to proceed immediately with the collection of the debt by the sale of the real property upon which the defendant in executio…
O.C.G.A. § 44-13-63 Statutory exemptions
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Levy or sale of exempt property as trespass, §44-13-108. Removal of trespassing personal property. Actions as result of violation of code section, §44-1-13. Damages. Removal of trespassing personal property. Damages as result of violation of code section, §44-1-13. Ejectment. Gen…
O.C.G.A. § 44-13-7 Publication of notice of application; form
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When the schedule has been filed and the application has been made, 333 44-13-7 the judge of the probate court, in order that all persons may know when action will be taken on the petition, shall publish in the newspaper in which the legal advertisements of the county are publishe…
O.C.G.A. § 44-13-8 Written notice to creditors; how given
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In addition to the notice by publication required to be given by Code Section 44-13-7, the applicant or his agent shall give notice in writing of the filing of the application and of the day of hearing the same to each of his creditors residing in the county. Such notice shall be …
O.C.G.A. § 44-13-80 Appointment of receiver to sell excess realty
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Whenever any person makes an application for an exemption of realty under this article and it appears by the return of the surveyor that the applicant is the owner of more real estate than is allowed to be exempt under this article, it shall be the duty of the judge of the probat…
O.C.G.A. § 44-13-81 Delivery of excess personalty to receiver for disposition
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Whenever any person makes an application for an exemption of personalty as provided for by this article and the schedule filed by the person discloses that the person has and is the owner of personal 362 44-13-83 property in excess of that to which he is entitled to have as exempt…
O.C.G.A. § 44-13-82 Sale of realty and distribution of proceeds; priorities
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When a receiver is appointed as provided in Code Section 44-13-80, he shall proceed to advertise the real estate once a week for four weeks in the public newspaper in which the sheriff’s sales of the county are advertised. On the first Tuesday of the month immediately following th…
O.C.G.A. § 44-13-83 Procedure for sale of personalty
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Personal property shall be disposed of in the manner provided in Code Section 44-13-82, except that the receiver shall advertise the same in three of the most public places of the county for 30 days and shall not be required to advertise the same in a public newspaper. 363 Histor…
O.C.G.A. § 44-13-84 Only one receiver authorized
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Nothing in this part shall be construed to authorize the appointment of more than one receiver. History. Ga. L. 1872, p. 43, § 5; Code 1873, § 2037; Code 1882, § 2037; Civil Code 1895, § 2859; Civil Code 1910, § 3409; Code 1933, § 51-1005; Ga. L. 1983, p. 1170, § 2. 44-13-85. Can…
O.C.G.A. § 44-13-85 Mechanics’ and materialmen’s liens
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Preliminary notice, §§44-14-361.4, 44-14-362. Mortgage, certificates of indebtedness, liens, etc., §44-2-136. Request to cancel entries, §44-2-250.
O.C.G.A. § 44-13-87 Right of applicant to select exempt property
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The applicant for exemption from levy and sale of property under this 364 44-13-100 article shall be permitted to select the property to be exempted but not to exceed the amount allowed by law. History. Ga. L. 1872, p. 43, § 7; Code 1873, § 2039; Code 1882, § 2039; Civil Code 189…
O.C.G.A. § 44-13-9 Time fixed by notice for hearing
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The time fixed by the notice given pursuant to Code Sections 44-13-7 and 44-13-8 shall not be less than 20 nor more than 30 days from the date of the filing of the application and schedule. History. Ga. L. 1868, p. 27, § 4; Code 1873, § 2007; Ga. L. 1876, p. 48, § 2; Code 1882, § 2…