Title 9

As against bona fide purchasers for value without actual notice of a judgment or other third parties acting in good faith and without notice who have acquired a transfer or lien binding the defendant’s property, no money judgment obtained in any court of this state or federal cou…

No money judgment obtained in any court of this state or federal court in this state shall create any lien on land in any county other than that in which it was obtained as against the interests of third parties acting in good faith and without notice who have acquired a transfer…

(a) As against the interests of third parties acting in good faith and without notice who have acquired a transfer or lien binding any real estate situated in this state owned by a nonresident, no money judgment obtained in any court of this state or federal court in this state a…

Nothing in Code Sections 9-12-81 and 9-12-82 shall be construed to affect the validity or force of any deed, mortgage, judgment, or other lien of any kind as between the parties thereto. (Ga. L. 1889, p. 106, § 4; Civil Code 1895, § 2781; Civil Code 1910, § 3323; Code 1933, § 39-…

(a) For purposes of this Code section, the term ‘‘applicable records’’ shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets. (b) No judgment, decree, or order or any writ of fieri facias issued pursuant to any …

(a) All judgments signed on verdicts rendered at the same term of court shall be considered, held, and taken to be of equal date. (b) In the case of judgments signed on verdicts rendered at the same term of the court, no execution shall be entitled to any preference by reason of …

In all cases in which a judgment is rendered and an appeal is entered from the judgment, the property of the defendant in judgment shall not be bound by the judgment except so far as to prevent the alienation by the defendant of his property between its signing and the signing of…

A judgment in the trial court which is taken to the Supreme Court or the Court of Appeals and is affirmed loses no lien or priority by the proceeding in the appellate court. (Orig. Code 1863, § 3498; Code 1868, § 3521; Code 1873, § 3579; Code 1882, § 3579; Civil Code 1895, § 5350…

(a) Liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority regardless of the date of the rendition of the verdict or the entering of the judgment. However, this Code section shall apply only to judg…

A judgment creates no lien upon promissory notes in the hands of the defendant. (Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Code 1910, § 5948; Code 1933, § 110-509.)

When a judgment lien has attached to personal property which is removed to another state and sold, the property shall be subject to the judgment lien if brought back to this state. (Orig. Code 1863, § 3503; Code 1868, § 3526; Code 1873, § 3584; Code 1882, § 3584; Civil Code 1895,…

When any person has bona fide and for a valuable consideration purchased real or personal property and has been in the possession of the real property for four years or of the personal property for two years, such property shall be discharged from the lien of any judgment against…

For entering an execution upon the general execution docket, the clerk shall be entitled to the fees enumerated in Code Section 15-6-77. (Ga. L. 1889, p. 106, § 5; Civil Code 1895, § 2782; Civil Code 1910, § 3324; Code 1933, § 39-705; Ga. L. 1950, p. 107, § 1; Ga. L. 1971, p. 699…

This article shall be known and may be cited as the ‘‘Uniform Foreign-Country Money Judgments Recognition Act.’’ (Ga. L. 1975, p. 479, § 8; Ga. L. 2015, p. 996, § 2-1/SB 65.) The 2015 amendment, effective July 1, 2015, inserted ‘‘shall be known and’’ and substituted ‘‘Uniform For…

As used in this article, the term: (1) ‘‘Foreign country’’ means a government other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this sta…

(a) Except as otherwise provided in subsection (b) of this Code section, this article applies to any foreign-country judgment to the extent that such judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, …

(a) Except as otherwise provided in subsection (b) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112. (b) A court of this state shall not recognize a foreign-country judgment if: (1) The judgme…

(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign country; (2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized…

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of such foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the…

If the court in a proceeding under Code Section 9-12-115 finds that the foreign-country judgment is entitled to recognition under this article then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) C…

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay the proceedings with regard to the foreign-country judgment until the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and…

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the ‘‘Uniform Foreign-Country Money Judgments Recognition Act.’’ (Code 1981, § 9-12-118, enacted by Ga. L.…

This article may be cited as the ‘‘Uniform Enforcement of Foreign Judgments Law.’’ (Code 1981, § 9-12-130, enacted by Ga. L. 1986, p. 380, § 1.)

As used in this article, the term ‘‘foreign judgment’’ means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state. (Code 1981, § 9-12-131, enacted by Ga. L. 1986, p. 380, § 1.)

A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment o…

(a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor’s attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. (b) The clerk …

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted and proves that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state i…

A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law. (Code 1981, § 9-12-135, enacted by Ga. L. 1986, …

The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this article. (Code 1981, § 9-12-136, enacted by Ga. L. 1986, p. 380, § 1.)

This article shall be interpreted and construed to achieve its general purposes to make the law of those states which enact it uniform. (Code 1981, § 9-12-137, enacted by Ga. L. 1986, p. 380, § 1.)

This article shall apply to foreign judgments of other states only if those states have adopted the ‘‘Uniform Enforcement of Foreign Judgments Act’’ in substantially the same form as this article. (Code 1981, § 9-12-138, enacted by Ga. L. 1986, p. 380, § 1.) CHAPTER 13 EXECUTIONS…

Sec. 9-12-85. 9-12-86. 9-12-87. 9-12-88. 9-12-89. county in which obtained against third parties without notice. When money judgment against nonresident creates lien on land within state against third parties without notice. Deeds, mortgages, judgments, or liens between parties n…

— In criminal cases, the jurisdiction of the court extends to such matters as the law has declared criminal, and none other. When a court undertakes to punish for an offense to which no criminality attaches, however reprehensible such offense may be in the forum of conscience, th…

— Judgments enforcing contract contrary to public policy as subject to collateral attack, 30 A.L.R. 1100. Right to have jury polled regarding method of reaching verdict, 86 A.L.R. 203. Absence of accused at return of verdict in felony case, 23 A.L.R.2d 456.

Coastal Water & Sewerage Co. v. Effingham County Indus. Dev. Auth., 288 Ga. App. 422, 654 S.E.2d 236, 2007 Ga. App. LEXIS 1215 (2007). O.C.G.A. § 9-2-5 provides mechanism by which one viable action is determined. Clark v. Weaver, 159 Ga. App. 594, 284 S.E.2d 95, 1981 Ga. App. LEX…

Instructions on form of verdict. How verdict received. Construction of verdicts. Verdict may be molded. Amendment of verdict — To conform to pleadings. Amendment of verdict — After dispersal of jury. Amendment of verdict — When part illegal. Judgment to conform to verdict. Judgme…

Dormant judgments renewed by action or scire facias; time of renewal. Nature of scire facias. Issuance of scire facias; copies; service; return. Revival on motion after service of scire facias; when defendant entitled to jury trial. Scire facias when judgment transferred. Venue o…

Dansby v. State, 165 Ga. App. 41, 299 S.E.2d 579 (1983). Return after dispersal of verdict which is too uncertain. — When by consent the jury in a criminal case disperses after agreeing upon the jury’s finding, and thereafter return into court a verdict which is too uncertain or i…

No execution shall issue until judgment is entered and signed by the party in whose favor verdict was rendered or by his attorney, or by the presiding judge or justice. (Laws 1799, Cobb’s 1851 Digest, p. 494; Code 1863, § 3487; Code 1868, § 3510; Code 1873, § 3568; Code 1882, § 3…

Except as otherwise provided by law, executions shall be issued by the clerk of the court in which judgment is obtained, shall bear teste in the name of the judge of such court, shall bear date from the time of their issuing, shall be directed ‘‘To all and singular the sheriffs o…

All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except…

The officer making a levy shall enter the same on the process by virtue of which levy is made and in the entry shall plainly describe the property levied on and the amount of the interest of defendant therein. (Orig. Code 1863, § 3569; Code 1868, § 3592; Code 1873, § 3640; Code 1…

(a) In all cases of levying on land, written notice of the levy must be given personally or delivered by certified mail or statutory overnight delivery to the tenant in possession and to the defendant if not in possession. (b) The officer levying on land under an execution, withi…

(a) All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law…

Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, wit…

Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any s…