Title 18 — Debtor and Creditor
0 chapters · 122 sections in this title.
O.C.G.A. § 18-2-1 Creation of relationship of debtor and creditor
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Whenever one person, by contract or by law, is liable and bound to pay to another an amount of money, certain or uncertain, the relation of debtor and creditor exists between them. History. Orig. Code 1863, § 1946; Code 1868, § 1934; Code 1873, § 1944; Code 1882, § 1944; Civil Co…
O.C.G.A. § 18-2-2 Equitable assets
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Reaching by creditors, §18-2-3. Fraud. Effect of misrepresentation or suppression of material fact. Giving preference upon settlement between debtor and creditor, §18-2-25. Fraudulent transfers.
O.C.G.A. § 18-2-20 Rights of creditors to be favored by courts
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The rights of creditors shall be favored by the courts; and every remedy and facility shall be afforded them to detect, defeat, and annul any effort to defraud them of their just rights. History. Orig. Code 1863, § 1947; Code 1868, § 1935; Code 1873, § 1945; Code 1882, § 1945; Ci…
O.C.G.A. § 18-2-21 Mortgages and deeds of trust
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Effect of giving debtor permission to exercise dominion over mortgaged property as security for debt, §18-2-24. Preferences.
O.C.G.A. § 18-2-24 Preferences
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Assignments for benefit of creditors. Generally, §§18-2-40 to 18-2-59. Remedies. Compulsory election of remedies. Limitation on compulsory election, §18-2-2. DEBTORS AND CREDITORS —Cont’d Voidable transactions. General provisions, §§18-2-70 to 18-2-85. DECEDENTS’ ESTATES.
O.C.G.A. § 18-2-25 Rights of creditors to be favored by courts
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Right of creditors to attack judgments, conveyances, or other arrangements interfering with creditors’ rights. [Reserved] Conveyances by debtors deemed fraudulent. [Reserved] Validity of conveyance to innocent subsequent purchaser. Effect of giving debtor permission to exercise c…
O.C.G.A. § 18-2-3 Assignments
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Effect of giving debtor permission to exercise dominion over assigned security for debt, §18-2-24. Assignments for benefit of creditors, §§18-2-40 to 18-2-59. Attachment proceedings. General provisions, §§18-3-1 to 18-3-20. Judgment, execution and levy, §§18-3-70 to 18-3-75. Levy …
O.C.G.A. § 18-2-40 Rights of assignee, §18-2-54
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ATHLETE AGENTS. Child support enforcement. Suspension or denial of registration for failure to pay support, §§19-6-28.1, 19-11-9.3. Registration. Child support enforcement. Suspension or denial of registration for failure to pay support, §§19-6-28.1, 19-11-9.3. Refusal or revocat…
O.C.G.A. § 18-2-41 Rights of nonmunicipal corporation
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Any corporation, not municipal, may make an assignment for the benefit of creditors; but no such corporation shall be allowed in such assignment to prefer any creditor or class of creditors, except creditors who have debts entitled to priority by law. History. Ga. L. 1894, p. 90, …
O.C.G.A. § 18-2-42 Rights of persons and firms
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Persons and firms may make assignments and prefer creditors. History. Ga. L. 1894, p. 90, § 2; Civil Code 1895, § 2699; Civil Code 1910, § 3232; Code 1933, § 28-303.
O.C.G.A. § 18-2-43 Execution, filing, and recording deeds of assignment
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In all cases the deed of assignment for the benefit of creditors shall be executed, filed, and recorded as provided for deeds in Code Section 44-2-1. History.
O.C.G.A. § 18-2-45 Conveyances; statements as to aggregate amounts
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Assignments referred to in Code Section 18-2-42 shall convey all books, books of account, choses in action, notes, drafts, bills, judgments, liens, and mortgages held or owned, indicating, as near as may be, the aggregate amount thereof, with a statement as to the total amounts w…
O.C.G.A. § 18-2-46 Contents of affidavit, §18-2-46
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Assignment of list of all property of assignor at time of assignment. Preparation after recording of assignment, §18-2-47. Attachment of list of creditors of assignor, §18-2-44. Conveyances, §18-2-45. Property to be conveyed generally, §18-2-44. Correcting lists of assets of cred…
O.C.G.A. § 18-2-48 List to remain on file ten days
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The list referred to in Code Section 18-2-47 shall remain on file for ten days in the clerk of the court’s office in the county in which the assignment was filed, subject to examination by any interested person. 29 History. Ga. L. 1894, p. 90, § 8; Civil Code 1895, 18-2-51 § 2705; …
O.C.G.A. § 18-2-49 Correcting of mistake in list of assets or creditors
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Where an unintentional mistake or omission has been made in the description of the property, in the list of assets, in the method of preparing the list of assets, or in the list of creditors, the same may be amended upon proof thereof to the court. History. Ga. L. 1894, p. 90, § …
O.C.G.A. § 18-2-51 Foreign assignments to conform with Georgia law
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No property in this state shall pass under any assignment made by corporations, persons, or firms out of this state unless such foreign assignment shall conform to the law of assignments in this state. History. Ga. L. 1894, p. 90, § 9; Civil Code 1895, § 2706; Civil Code 1910, § 3…
O.C.G.A. § 18-2-53 Firms
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Right of firms to make assignments and prefer creditors, §18-2-42. Foreign assignments to conform with state laws, §18-2-51. Fraud. Actions to set aside assignments. Proof of fraud, collusion or notice thereof in assignee, §18-2-57. Jurisdiction. Courts of state of sole or survivi…
O.C.G.A. § 18-2-54 Powers and rights of assignee
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The assignee shall succeed to all rights of the assignor but may attack and set aside any fraudulent conveyances or recover property conveyed by the assignor for the purpose of hindering, delaying, or defrauding creditors. History. Ga. L. 1894, p. 90, § 12; Civil Code 1895, § 270…
O.C.G.A. § 18-2-55 Death of assignees
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Appointment of new assignees, §18-2-59. Fraud, collusion or notice thereof in assignee, §18-2-57. Nature of actions generally, §18-2-55. Parties, §18-2-56. Priorities and payment to creditors on judgment rendered after filing of complaint, §18-2-55. Reduction of debt to judgment b…
O.C.G.A. § 18-2-56 Child custody proceeding
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Uniform child custody jurisdiction and enforcement act. Joinder and intervention, law governing, §19-9-65. Garnishment. Defendant becoming party, §18-4-15. Notice to defendant of right against garnishment. Form, §18-4-82. Order for hearing on defendant’s claim. Form, §18-4-83. Th…
O.C.G.A. § 18-2-57 Proof required in rendering an assignment void
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When the assignment is attacked as fraudulent or void for any reason, it shall not be necessary to show fraud or collusion or notice thereof in the assignee in order to render the assignment void. History. Ga. L. 1894, p. 90, § 15; Civil Code 1895, § 2712; Civil Code 1910, § 3245…
O.C.G.A. § 18-2-59 Election of remedies
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Limitation on compulsory election, §18-2-2. Equitable assets.
O.C.G.A. § 18-2-70 Short title
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This article, which was formerly known and cited as the “Uniform Fraudulent Transfers Act,” shall be known and may be cited as the “Uniform Voidable Transactions Act.” 63 History. Code 1981, § 18-2-70, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.
O.C.G.A. § 18-2-71 Definitions
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As used in this article, the term: (1) “Affiliate” means: (A) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (i) As a fiduciary or…
O.C.G.A. § 18-2-72 Determining insolvency
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(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (b) A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. …
O.C.G.A. § 18-2-73 Value given for transfer
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(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s …
O.C.G.A. § 18-2-74 Voidable transfer; determination of actual intent
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(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With actual intent to hind…
O.C.G.A. § 18-2-75 Value given for transfer, §18-2-73
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CONTEMPT. Alimony, §§19-6-2 to 19-6-4, 19-6-28. Attorneys’ fees. Contempt action arising in alimony case, §19-6-2. Child support enforcement, §19-6-28. Jurisdiction to enforce support orders, §19-6-26. Divorce.
O.C.G.A. § 18-2-76 When transfer made
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For the purposes of this article: (1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good fait…
O.C.G.A. § 18-2-77 Relief for creditor against fraudulent transfer or obligation
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(a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) An attachment or o…
O.C.G.A. § 18-2-78 CHARITABLE GIFTS
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Voidable transactions. Status of transfer to charitable organization, §18-2-85. BUSINESS CORPORATIONS. Fraudulent transfers. Voidable transactions act, §§18-2-70 to 18-2-85. Voidable transactions.
O.C.G.A. § 18-2-79 Time for commencement of action
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A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought: (1) Under paragraph (1) of subsection (a) of Code Section 18-2-74, within four years after the transfer was made or the obligation was incurred or, i…
O.C.G.A. § 18-2-80 Venue
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(a) In this Code section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence; (2) A debtor that is an organization and has only one place of business is located at its place of business; and (3) …
O.C.G.A. § 18-2-81 Series organization and determinations
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(a) As used in this Code section, the term: (1) “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this su…
O.C.G.A. § 18-2-82 FORESTRY
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Child support enforcement. Suspension or denial of license for failure to pay support, §§19-6-28.1, 19-11-9.3. Licenses. Child support enforcement. Suspension or denial of license for failure to pay support, §§19-6-28.1, 19-11-9.3. Denial, §§19-6-28.1, 19-11-9.3. FRAUDULENT TRANS…
O.C.G.A. § 18-2-83 Uniformity with laws of other states
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This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting the “Uniform Voidable Transactions Act.” History. Code 1981, § 18-2-83, enacted by Ga. L. 2015, p. 996, § 4A-1/S…
O.C.G.A. § 18-2-84 Construction with federal provisions
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This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o…
O.C.G.A. § 18-2-85 IRREBUTTABLE PRESUMPTIONS
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Artificial insemination, §19-7-21. IRRETRIEVABLY BROKEN MARRIAGE. Grounds for divorce, §19-5-3. INTERMARRIAGE PROHIBITION. Degrees of relationship, §19-3-3. INTERPRETATION AND CONSTRUCTION. Voidable transactions act, §18-2-83. Relation to electronic signatures in global and nation…