Title 18

No person shall be taken as security or surety on any attachment bond who is an attorney for the plaintiff or a nonresident, except such nonresident who is possessed of real estate in the county where the attachment issues which is the value of the amount of such bond. History. G…

When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent, or his attorney may file an affidavit stating that he has a good defense to the action, that the bond given in the action is not a good bond, and stating the ground of its …

(a) The defendant shall be given notice of the attachment issued against his property by any one or more of the following methods: (1) The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of at…

When a writ of attachment is issued against the property of the defendant, the defendant may at any time traverse the plaintiff’s affidavit upon which the attachment was obtained, stating that the affidavit is untrue or legally insufficient. Upon filing of the traverse, the court …

(a) Attachments shall be returnable to the court of record in which filed pursuant to subsection (a) of Code Section 18-3-9 and shall be governed by the rules of procedure and practice governing ordinary civil actions, as respects appearance day, trial term, and judgment pursuant …

All pleadings, defenses, and procedures subsequent to the filing of the declaration in attachment shall be governed by Chapter 10 of Title 9. History. Laws 1838, Cobb’s 1851 Digest, p. 86; Ga. L. 1855-56, p. 25, § 20; Code 1863, § 3221; Code 1868, § 3232; Code 1873, § 3308; Code 1…

In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows: (1) Affidavit for attachment. AFFIDAVIT STATE OF GEORGIA COUNTY OF Personally appeared attorney at law for plaintiff in the sum of $ who on oath …

When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that, where the debt does not become due before final judgment, execution upon the judgment shall be stayed until the debt is due…

In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject to attachment, the plaintiff may have an attachment against the defendant; and all the proceedings in relation to the sa…

Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside th…

In cases of joint contractors and partners, where any one of them shall render himself liable to attachment according to law, an attachment may issue against him, upon the plaintiff, his agent, or his attorney at law complying with this article. The proceeding against such joint …

Attachments may issue against nonresident corporations transacting business within the state under the same rules and regulations as are prescribed in relation to issuing attachments and garnishments in other cases. History. Ga. L. 1855-56, p. 25, § 33; Code 1863, § 3202; Code 18…

(a) In all cases where a person is surety or endorser upon an instrument of writing and the principal shall become subject to attachment according to Code Section 18-3-1, such surety or endorser may, upon complying with this chapter, have attachment against his principal. The pro…

(a) When the plaintiff contends one or more of the grounds set forth in Code Section 18-3-1 exist, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence…

It shall be the duty of any one of the officers to whom an attachment is directed to levy the attachment upon real or personal property of the defendant which is necessary to satisfy the claim of the plaintiff and which may be found in the county of which he is an officer. It sha…

In all cases it shall be the duty of the officer levying attachments to levy them in the order in which they come into his hands, and it shall be his duty to enter upon the same the year, month, day, and hour on which he made the levy. Where the levy is upon land, the attachment …

When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the duty of the judge issuing the attachment, upon the request of the plaintiff, his agent, or his attorney at law, to make ou…

(a) When an attachment has been levied upon the property of a defendant, it shall be the duty of the officer levying the attachment to deliver the property levied upon to the defendant upon his giving bond, with good security, payable to the plaintiff in attachment, obligating hi…

When an attachment is levied on the property of a foreign corporation, any agent of the corporation may recover the property levied upon by giving a bond, with good security, conditioned to pay the amount of judgment and costs that the plaintiff in attachment may recover in the c…

(a) When property is levied on by virtue of an attachment and the same is claimed by any person not a party to the attachment, it shall be the duty of the person claiming the same, his agent, or his attorney at law to make an oath before some person authorized by law to administe…

The claimant, his agent, or his attorney at law may give bond, with good security, payable to the levying officer, in a sum equal to double the value of the property claimed, the value to be judged by the levying officer, conditioned to deliver the property at the time and place …

The third-party claim shall be tried in the same manner and subject to the same rules and regulations as are prescribed by law for the trial of other claims in the court to which it is returned. History. Ga. L. 1855-56, p. 25, § 35; Code 1863, § 3236; Code 1868, § 3247; Code 1873…

Upon the failure of the claimant to deliver the property according to the conditions of the bond, the levying officer may immediately sue the claimant and security upon the bond and recover the full value of the property claimed and also all damages, costs, and charges that the p…

(a) In cases where the claimant shall deliver the property and upon selling the same a sufficient amount shall not be raised to pay the debt and costs of the plaintiff, the plaintiff may institute an action against the claimant and his securities upon his bond and recover the ful…

In cases of attachment, the claim may be interposed either before or after judgment. History. Orig. Code 1863, § 3240; Code 1868, § 3251; Code 1873, § 3327; Code 1882, § 3327; Civil Code 1895, § 4574; Civil Code 1910, § 5120; Code 1933, § 8-806.

When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall hav…

A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment. History. Code 1933, § 8-902, enacted by Ga. L. 1982, p. 1578, § 1; Code 1981, § 18-3-71, enacted by…

After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the jud…

All money raised by the sale of defendant’s property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shal…

The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy…

As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the a…

Right to seek attachment on money demands generally. Attachment prior to debt becoming due; stay of execution when debt not due before final judgment. Attachment after action commenced; effect of judgment on pending action. Attachment against administrator or executor; entry of fin…

Interspousal tort immunity, §19-3-8. Interspousal tort immunity, §19-3-8. Spousal tort immunity, §19-3-8. TOTAL DIVORCE. Generally, §§19-5-1 to 19-5-17. TRAFFICKING. Marriage fact sheet to be distributed by premarital education providers, §19-3-41.1. TRANSIENT MERCHANTS. Child su…

Issuance and levy of attachment on Sunday. Courts to which attachments returnable; applicability of rules of civil practice and procedure; filing of declaration in attachment; notice of declaration. Applicability of Chapter 10 of Title 9 subsequent to filing of declaration in attac…