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Georgia Statutes, Title 18

Georgia/Statutes

← All Georgia coverage

Title 18

4 chapters · 147 sections in this title.

All chapters in Title 18147 Ch 4, GARNISHMENT PROCEEDINGS59 Ch 2, DEBTOR AND CREDITOR RELATIONS43 Ch 3, ATTACHMENT PROCEEDINGS38 Ch 5, DEBT ADJUSTMENT7

43 sections·Filtered byTitle 18✕Ch 2✕

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 Compulsory election of remedy least likely to jeopardize rights of other creditors
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As among themselves, creditors shall so prosecute their own rights as not to jeopardize unnecessarily the rights of others; hence, a creditor having a lien on two funds of the debtor, equally accessible to him, will be compelled to pursue the one on which other creditors have no …
O.C.G.A. § 18-2-3 Reaching of equitable assets by creditors
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Courts of equity jurisdiction shall assist creditors in reaching equitable assets in every case where to refuse interference would jeopardize the collection of their debts. History. Orig. Code 1863, § 1948; Code 1868, § 1936; Code 1873, § 1946; Code 1882, § 1946; Civil Code 1895,…
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 Right of creditors to attack judgments, conveyances, or other arrangements interfering with creditors’ rights

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Creditors may attack as fraudulent a judgment, conveyance, or any other arrangement interfering with their rights, either at law or in equity. History. Orig. Code 1863, § 1949; Code 1868, § 1937; Code 1873, § 1947; Code 1882, § 1947; Civil Code 1895, § 2689; Civil Code 1910, § 32…

O.C.G.A. § 18-2-25 Effect of misrepresentation or private agreement giving preference upon settlement between debtor and creditor

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If a debtor misrepresents or suppresses any material fact in the statement of his affairs either as to the amount of his property or of his indebtedness, the composition shall be void. If a debtor privately agrees to give a creditor better security or to pay a creditor more than …

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

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 Annexation of affidavit to deed of assignment; contents of affidavit

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At the time of signing the deed of assignment provided for in Code Section 18-2-43, the person or ﬁrm making an assignment or the officer acting for the corporation making an assignment shall make an affidavit which shall be annexed to such assignment, and which affidavit shall s…

O.C.G.A. § 18-2-47 List of all property of assignor at time of assignment; affidavits of assignor and assignee as to accuracy of list

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Within 15 days after the recording of the assignment provided for in Code Section 18-2-43, the assignor shall, in connection with the assignee, prepare a full and complete list of all property of every kind, character, and description held, claimed, owned, or possessed by the ass…

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. History. Ga. L. 1894, p. 90, § 8; Civil Code 1895, 18-2-51 § 2705; Civ…

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. § 18-2-50 Notiﬁcation of creditors of ﬁling of assignment; notiﬁcation of actions attacking assignment; sufficient notice

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Within 30 days after ﬁling the assignment, the assignee shall notify each creditor that the same has been ﬁled. Within 30 days after the date the assignee is served with the complaint attacking the assignment, he shall give notice of the ﬁling of the complaint to each creditor na…

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. § 18-2-52 Providing and ﬁling of bond by assignee; amount of bond

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Upon the request of any three of the creditors of the assignor, the assignee shall make and ﬁle a bond with surety, in a sum to be ﬁxed by the judge of the superior court, conditioned for the faithful performance of his trust, which bond shall be made payable to the judge of the …

O.C.G.A. § 18-2-53 Duties of assignee generally; payment of preferred debts after ﬁling

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The assignee shall proceed to carry out the duties imposed upon him by the assignment, but he shall not pay any preferred debt until after 60 days from the ﬁling of the assignment in the clerk of the court’s office in the county in which the assignment was ﬁled. History. Ga. L. 1…

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 Nature of actions to set aside assignments generally; priorities and payment to creditors on judgments rendered after ﬁling of complaint to set aside assignment

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No assignment shall be set aside except in a direct action ﬁled for that purpose; and no creditor shall obtain any priority or preference of payment out of the assets assigned on any judgment rendered after the ﬁling of a complaint to set aside the assignment if the assignment is…

O.C.G.A. § 18-2-56 Parties to actions to set aside assignments

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In all actions to set aside assignments, the assignee and assignor shall be indispensable parties; and any preferred or unpreferred creditor may be made a party plaintiff or defendant at any time in term or vacation. History. Ga. L. 1894, p. 90, § 14; Civil Code 1895, § 2711; Civ…

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. § 18-2-58 Judgment not required before action against assignor or assignee

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No creditor shall be required to reduce his debt to judgment before asking equitable relief in any action against the assignor or assignee, or both. History. Ga. L. 1894, p. 90, § 16; Civil Code 1895, § 2713; Civil Code 1910, § 3246; Code 1933, § 28-317.

O.C.G.A. § 18-2-59 Appointment of new assignees upon death or removal from jurisdiction of courts of state of sole or surviving assignee

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In all cases of assignments for the beneﬁt of creditors, where the sole or surviving assignee has died or moved beyond the jurisdiction of the courts of the state, the superior courts of this state shall have full power and authority, upon the petition of two or more of the parti…

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.” 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 Transfer or obligation voidable if incurred without receiving reasonably equivalent value

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(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange…

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 Conditions for voidability of transfer or obligation; judgment

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(a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) To the extent a transfer is avoidable in a…

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. § 18-2-83 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. § 18-2-24 Rights of creditors to attack conveyances, §18-2-21

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Marriage. Antenuptial agreements, §19-3-64. CORONERS. Child death. Immediate notiﬁcation by law enforcement, medical personnel or others with knowledge, §19-15-3. CORPORAL PUNISHMENT. Family violence battery. Deﬁnition of family violence, §19-13-1. INDEX CORPORATIONS. Assignments…

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. § 18-2-44 Right of debtor to prefer creditors

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Rights of nonmunicipal corporation. Rights of persons and ﬁrms. Execution, ﬁling, and recording deeds of assignment. Property to be conveyed generally; description of 18-2-56. 18-2-57. 18-2-58. 18-2-59. 3 property; attachment of list of creditors of assignor. Conveyances; stateme…

O.C.G.A. § 18-2-82 LANDSCAPE ARCHITECTS

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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. Revocation, suspension or censure of licensees. …

O.C.G.A. § 18-2-84 INTERSPOUSAL TORT IMMUNITY, §19-3-8

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INTERSTATE FAMILY SUPPORT ACT, §§19-11-100 to 19-11-191. INTERSTATE RENDITION. Support and maintenance. Interstate family support act, §§19-11-185, 19-11-186. INTERVENTION. Child custody proceeding. Uniform child custody jurisdiction and enforcement act. Law governing, §19-9-65. …

O.C.G.A. § 18-2-85 Series organization, status as separate person for purposes of act, §18-2-81

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CORPUS. Alimony. Granting permanent alimony from corpus of estate, §19-6-5. Revision of judgment. Award from corpus of husband’s estate in lieu of periodic payments, §§19-6-18, 19-6-21. CORROBORATION. Confessions. Divorce cases, §19-5-11. COSMETOLOGISTS AND BARBERS. Certiﬁcates o…