Title 18 — Debtor and Creditor
0 chapters · 122 sections in this title.
O.C.G.A. § 18-3-1 Grounds for attachment
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Attachments may issue when the debtor: (1) Resides out of the state; (2) Moves or is about to move his domicile outside the limits of the county; 103 18-3-1 (3) Absconds; (4) Conceals himself; (5) Resists legal arrest; or (6) Is causing his property to be removed beyond the limit…
O.C.G.A. § 18-3-10 Bond requirements generally
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No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of the issuance of the writ of attachment in the event that the amount claimed to be due was not due, that …
O.C.G.A. § 18-3-13 Sufficiency
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Procedure for contesting, §18-3-13. Third-party claims. Delivery of property to claimant upon payment of bond, §18-3-51. Proceedings upon failure of claimant to deliver property pursuant to conditions of bond, §18-3-53. Contractors. Issuance of writ against joint contractors, §18…
O.C.G.A. § 18-3-14 Prior to debt becoming due, §18-3-3
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Stay of execution on judgment. Debt not due before final judgment, §18-3-3. ATTACHMENT —Cont’d Issuance of writ of attachment —Cont’d Prior to entry of judgment against defendant. Requirement of application for order authorizing issuance of writ, §18-3-9. Procedure for granting or…
O.C.G.A. § 18-3-15 Right of defendant to postseizure hearing
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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 …
O.C.G.A. § 18-3-16 Grounds for attachment
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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…
O.C.G.A. § 18-3-18 Notice, §18-3-17
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Defenses. Declaration in attachment. Provisions governing defenses subsequent to filing of declaration, §18-3-18. Execution on judgment, §18-3-72. Foreign corporations. Replevy of property of foreign corporation upon payment of bond, §18-3-34. Forms, §18-3-19.
O.C.G.A. § 18-3-19 Forms for attachment
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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 …
O.C.G.A. § 18-3-2 Husband and wife
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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…
O.C.G.A. § 18-3-20 Right of defendant to postseizure hearing
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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…
O.C.G.A. § 18-3-3 Denial of issuance of writ
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Procedure, §18-3-9. Effect of judgment on actions still pending, §18-3-4. Granting of issuance of writ. Procedure, §18-3-9. Joint contractors or partners, §18-3-6. Nonresident corporations, §18-3-7. Notification to defendant of issuance, §18-3-14. Prior to debt becoming due, §18-3…
O.C.G.A. § 18-3-32 Levy on property in a different county
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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…
O.C.G.A. § 18-3-34 Forms, §18-3-19
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Grounds, §18-3-1. Issuance of writ of attachment, §§18-3-3 to 18-3-16. Administrators or executors. Against removal of decedent’s property, §18-3-5. Entry of final judgment against same, §18-3-5. After commencement of action, §18-3-4. Effect of judgment on actions still pending, §…
O.C.G.A. § 18-3-50 Procedure generally
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(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…
O.C.G.A. § 18-3-52 Trial of claim
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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…
O.C.G.A. § 18-3-53 Trial of claim, §18-3-52
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Return of affidavit and bond by levying officer, §18-3-51. Trial of claim, §18-3-52. Procedure generally, §18-3-50. Use of property where plaintiff’s debt unsatisfied. Liability of claimant and surety on bond, §18-3-54. Torts. Money demands arising in tort. Right to seek attachmen…
O.C.G.A. § 18-3-55 Bond for hire
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Liability of claimant and surety on bond, §18-3-54. Delivery of property to claimant upon payment of bond, §18-3-51. Proceedings upon failure of claimant to deliver property, §18-3-53. Interposition of claim before or after judgment, §18-3-55. Procedure generally, §18-3-50. Inter…
O.C.G.A. § 18-3-6 Pleadings
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Declaration in attachment. Provisions governing pleadings subsequent to filing of declaration, §18-3-18. Postseizure hearing. Right of defendant, §18-3-15. Publication as notice. Defendant out of state or concealing place of residence, §18-3-14. Removal of domicile. Grounds for at…
O.C.G.A. § 18-3-7 Attachment against nonresident corporations
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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…
O.C.G.A. § 18-3-70 Property bound by judgment in attachment
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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…
O.C.G.A. § 18-3-71 Setting aside judgment
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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…
O.C.G.A. § 18-3-72 Execution and levy on judgment
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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…
O.C.G.A. § 18-3-73 Application of proceeds of sale
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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 140 18-3-75 defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first…
O.C.G.A. § 18-3-74 When lien arises; priorities
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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…
O.C.G.A. § 18-3-75 Priorities, §18-3-74
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Proceeds of sale. Application, §18-3-73. Sunday observance, §18-3-16. When lien arises, §18-3-74. Levy on judgment, §18-3-72. Levy on property, §§18-3-30 to 18-3-32. Duty of officer to whom attachment directed. Generally, §18-3-30. Levy in order received, §18-3-31. Property remov…
O.C.G.A. § 18-3-8 Sunday observance, §18-3-16
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Judgment in attachment. Property bound by judgment, §18-3-70. Setting aside, §18-3-71. Writ against removal of decedent’s property. Final judgment, §18-3-5. Levy and attachment sufficient notice. Defendant out of state or concealing place of residence, §18-3-14. Levy of attachmen…
O.C.G.A. § 18-3-9 Corporations
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Nonresident corporations, §18-3-7. Debt not due before final judgment. Stay of execution on judgment, §18-3-3. Denial of issuance of writ.