Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-8-1 Appointment of receiver — Grounds generally
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When any fund or property is in litigation and the rights of either or both parties cannot otherwise be fully protected or when there is a fund or property having no one to manage it, a receiver of the same may be appointed by the judge of the superior court having jurisdiction t…
O.C.G.A. § 9-8-10 Receiver’s bond
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The judge of the superior court, in his discretion, may require a receiver to give bond conditioned for the faithful discharge of the trust reposed. If bond is so required, the judge shall fix the amount thereof and shall determine the sufficiency of the security. The judge shall …
O.C.G.A. § 9-8-11 Liability of receiver where bank fails
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Where funds are in the hands of a receiver pending a final disposition, the receiver may deposit the funds into a bank or trust company which is insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or successor entities. If the rece…
O.C.G.A. § 9-8-12 Garnishment not available against receiver
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A receiver shall not be subject to the process of garnishment. History. Orig. Code 1863, § 3475; Code 1868, § 3495; Code 1873, § 3553; Code 1882, § 3553; Civil Code 1895, § 4910; Civil Code 1910, § 5485; Code 1933, § 55-311. 593 9-8-13
O.C.G.A. § 9-8-13 Award of attorneys’ and receivers’ fees; how determined
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(a) In all cases where a receiver is appointed under the laws of this state to take charge of the assets of any person, firm, or corporation and a fund is brought into court for distribution, the court having jurisdiction thereof shall award to counsel filing the petition and repre…
O.C.G.A. § 9-8-14 Expenses of giving bond allowable as cost of administration
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(a) Receivers who are required by law to give bond as such who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expenses …
O.C.G.A. § 9-8-4 Caution to be exercised in appointing receiver
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The power of appointing receivers should be prudently and cautiously exercised and except in clear and urgent cases should not be resorted to. History. Civil Code 1895, § 4902; Civil Code 1910, § 5477; Code 1933, § 55-303. History of Section. The language of this Code section is …
O.C.G.A. § 9-8-5 Intervention of persons asserting equitable remedies
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Where property has been placed in the hands of a receiver, all persons properly seeking to assert equitable remedies against such assets shall become parties to the case by intervention and shall prosecute their remedies therein. History. Civil Code 1895, § 4903; Civil Code 1910,…
O.C.G.A. § 9-8-6 Lienholders made parties; divestment by receiver’s sale
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Persons holding liens on property in the hands of a receiver may be 588 9-8-7 made parties to the case at any time. Unless otherwise provided in the order, liens upon the property held by any parties to the record, shall be dissolved by the receiver’s sale and transferred to the …
O.C.G.A. § 9-8-7 Investment of funds in receivership
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The presiding judge, in his discretion under the law, may order any funds, in the hands of a receiver or any other officer of court, while awaiting the termination of protracted litigation, to be invested as provided in the case of executors and administrators. History. Orig. Cod…
O.C.G.A. § 9-8-9 To which court receivers of corporations amenable
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Receivers of corporations shall be amenable to and shall make their returns to the superior court of the county where they reside at the time of the appointment. History. Orig. Code 1863, § 275; Code 1868, § 269; Code 1873, § 278; Code 1882, § 278; Civil Code 1895, § 4912; Civil …