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GEORGIA FI. FA.s (Writ of Fieri Facias) & LEVYING

Executions, Judgment Recovery, Fi. Fa.s, Levy, Writs of Execution, Writs of Fieri Facias. Sites Useful in Levying & Uncovering Hidden Assets

 

Georgia Tax Fi Fa.s & Levying

Georgia Asset Protection By the Asset Protection Book

Georgia Post-Judgment Collection with Forms, Stuart Finestone, (4th ed.) . Thomson*West. 189 pages.

State Bar of Georgia, Real Property Section Official Titles Standards (Title Searches)


Suggested Reading:

*** Fi.Fa.'s, Levys and the Collection of Judgments in Georgia *** By Retired Deputy Sheriff Rickey E. Tumlin who served the Hall County, Georgia, Sheriff's Office for 32 years! This is the only book your webmaster is aware of that is written for law enforcement & process servers rather than for lawyers.

Commercial Law Industry Terminology By The Commercial Bar


Civil Process can be governed by Codes, Court Rules, Case Laws, etc.!

All these links refer to Georgia Law. Please "Click.":

Georgia Civil Process In General ►◄ Georgia Law, No Case Law ►◄ Georgia Court Security and Courthouse Security ►◄ Georgia Dispossessory Proceedings & Evictions ►◄ Georgia Fi. Fas & Levying ►◄ Georgia Written Courthouse Security Plan Required ►◄ Georgia Foreclosure & Seizure

See Also Georgia TAX Fi. Fa.s (Writ of Fieri Facias) & Levying Page on This Web Site


Key Terms - Index to Key Terms That are Below in the Next Table

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

Advertisements, Records, Newspaper

Advertising in Newspaper

After Court Action, Sale of Vehicle by Sheriff

After the Sale Action, Sheriff's Sale

Airplane (Aircraft)

Alias Fi Fa

Authority to Levy

Affidavit of Illegality

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B

Automobile (Car) (Motor Vehicle, Levy & Sale

Bankruptcy

Bids - Sheriff's Sale

Books: Docket

Books Electronic Storage of

Books: Sales Record

Bonds

Bond Fi Fa

Bond, Remission

Buyer Beware (Caveat Emptor)

Back to Top (Index to Key Terms)

C

Cancellation

Cancel Fi. Fa. When Satisfied

Cancel Fi. Fa.(Execution, Cancel)

Car (Automobile) (Motor Vehicle), Levy & Sale

Caveat Emptor ("Buyer Beware")

Certified Mail & Registered Mail

Choses in Action

Clerk of Court Fees

Constables

Constitution Exemption (FKA Homestead Exemption)

Control of execution after payment by joint debtor

Costs & Expenses

Continuance of Sale from Day to Day

Courts

Criminal Bond Fi Fas

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D

Dead Person

Deceased Person

Defendant Fails or Refuses to Direct the Levying Officer to the Property

Definitions

Direct Registration System (DRS) (No Paper Certificates of Stock)

Docket Book

Dormant Fi. Fa.

Disclosure by Corporations of Defendant's Shares of Stock

Duties of the Sheriff & His Lawful Deputies

Back to Top (Index to Key Terms)

E

Electronic Recording Act, Uniform Real Property

Electronic Storage of Records

"Eligible Sale" (Recision of Sale) (Reverse Sale) (Rescind Sale)

Ejectment

Entry of Nulla Bona

Excess, Payment of (Excess Proceeds)

Excess Proceeds (Excess, Payment of)

Excessive Levy

Execution, Cancel

Execution (Writ of Execution)

Execution (Writ of Execution) (Fi. Fa.) Against Deceased (Dead) Defendants

Execution, who Can Execute

Execution, Partial Payment Against

Execution, Preference

Execution, Transfer of

Exemptions from Levy and Sale

Expenses & Costs

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F

Fees, Clerks of Court

Fees, Sheriff's

Fi. Fa. Format (Form SC-5)

Fi. Fa., Cancel When Satisfied

Forced Entry, Use of, to Execute a Fi. Fa

Fi. Fa., Recording of

Fi. Fa., Transfer

Back to Top (Index to Key Terms)

G

Georgia Condominium Act

Georgia Property Owners' Association Act

Georgia Department of Revenue, Motor Vehicle Division

Georgia Sales & Use Tax on Sale of Motor Vehicle (Car) (Automobile)

Back to Top (Index to Key Terms)

H

Hinder Levy (Removes, run offs, hides or otherwise disposes of property under lien or mortgage)

Homestead Exemption (NKA Constitution Exemption )

Hours of Sheriff's Sale

Back to Top (Index to Key Terms)

I

Injunctions

Interest on a Fi. Fa.

Intruders, Proceedings Against

Instrument, Negotiable

Back to Top (Index to Key Terms)

J

Judgment

Judgment, Dormant

Judgment, Equal Date (Preference)

Judgment, Relief From

Back to Top (Index to Key Terms)

L

Levy (Actual & Constructive)

Levy Upon Airplane (Aircraft)

Levy Upon Motor Vehicle

Levy Upon Real Estate

Levy Upon Stock

Liens

Liens, Priority

Liens, Recording

Lost Execution (Fi. Fa.)

Liability of Sheriff and/or His Deputies

Liens

Back to Top (Index to Key Terms)

M

Mandamus

Marshals

Minimum Bid, If Any, at a Sheriff's Sale

Motor Vehicle (Automobile) (Car), Levy & Sale Upon

Mortgage Terminology & Tools

Monies

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N

Negotiable Instrument

Newspaper

Newspapers containing advertisement, Preservation of

Notice of Levy

Nulla Bona

Back to Top (Index to Key Terms)

O

Official Organ of Any County

Back to Top (Index to Key Terms)

P

Payment from Sale

Payment of Excess

Preservation of Newspapers containing advertisement

Proceedings Against Intruders

Proceeds, Excess (Excess, Payment of)

Purchaser's Responsibilities, Rights & Obligations at a Sheriff's Sale

Pay Off Mortgage (Take Up Debt)

Public Funds

Back to Top (Index to Key Terms)

R

Real Estate

Real Estate Transfer Tax

Recision (Reverse) Sheriff's Sale

(Recision of Sale) (Reverse Sale) (Rescind Sale), "Eligible Sale"

Removal or other disposal of encumbered property in order to hinder levy; penalty; venue

(Rescind Sale), "Eligible Sale" (Recision of Sale) (Reverse Sale)

(Reverse Sale) (Rescind Sale), "Eligible Sale" (Recision of Sale)

Records & Recording

Records, Newspaper Advertisements

Registered Mail & Certified Mail

Real Estate (Real Property), Levy & Sale

Relief from Judgment

Remission Bond

Return of Execution to Court

Rules of Georgia Secretary of State

Back to Top (Index to Key Terms)

S

Sales Docket Book

Sales Record Book

Sales & Use Tax, Georgia

Sale, Set Aside

Scire Facias

Security Instrument, Transferred or Coneyed

Set aside a Judgment

Set Aside a Sale

Shares of Stock, Disclosure of by Corporation

Sheriff as Trespasser

Sheriff's Fees

Sheriff's Sale

Sheriff's Sale, After the Sale Action

Sheriff's Sales, Form of Tender (How You Must Pay)

Sheriff's Sale, Minimum Bid, If Any

Sheriff's Sale, Perishable Items

Sheriff's Sale, Purchaser's Responsibilities, Rights & Obligations

Statutory Overnight Delivery

Stock, Disclosure of Defendant's Shares by Corporation

Stock (Shares of) , Levy & Sale

Storage of Property that Has Been Levied Upon

Back to Top (Index to Key Terms)

T

Take Up Debt (Pay Off Mortgage)

Tools of Trade (Common Tools of Trade)

Transfer of execution

Trespasser, Sheriff as

Back to Top (Index to Key Terms)

U

Uniform Commercial Code (UCC)

Uniform Real Property Electronic Recording Act

United States: U.S. Courts All of the Court of the United States. This is a map link that is very useful.

United States: United States Bankruptcy Court

Use of Forced Entry, to Execute a Fi. Fa.

Back to Top (Index to Key Terms)

V

Vehicles, After Court Action

Back to Top (Index to Key Terms)

W

Written Notice of Levy on Land

Back to Top (Index to Key Terms)


Go to the following link to look up the code ( O.C.G.A. §) sections listed below (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/


Advertising in Newspaper (Newspaper, Official Organ of County)

O.C.G.A. § 9-13-140

O.C.G.A. § 9-13-141

O.C.G.A. § 9-13-142

O.C.G.A. § 9-13-143

O.C.G.A. § 9-13-144

O.C.G.A. § 9-13-145

Back to Top (Index to Key Terms)

Affidavit of Illegality

O.C.G.A. § 9-13-90

O.C.G.A. § 9-13-91

O.C.G.A. § 9-13-92

O.C.G.A. § 9-13-93

O.C.G.A. § 9-13-94

O.C.G.A. § 9-13-95

O.C.G.A. § 9-13-96

O.C.G.A. § 9-13-97

O.C.G.A. § 9-13-98

O.C.G.A. § 9-13-99

O.C.G.A. § 9-13-100

O.C.G.A. § 9-13-101

O.C.G.A. § 9-13-102

O.C.G.A. § 9-13-103

O.C.G.A. § 9-13-104

O.C.G.A. § 9-13-105

O.C.G.A. § 9-13-106

O.C.G.A. § 9-13-120

O.C.G.A. § 9-13-121

O.C.G.A. § 9-13-122

O.C.G.A. § 9-13-123

O.C.G.A. § 9-13-124

O.C.G.A. § 9-13-125

O.C.G.A. § 9-13-126

O.C.G.A. § 9-13-127

O.C.G.A. § 9-13-128

O.C.G.A. § 9-13-129

O.C.G.A. § 9-13-124

Back to Top (Index to Key Terms)

After Court Action, Sale of Vehicle by Sheriff

What is needed to obtain a Georgia title for a vehicle after court action? By Georgia Department of Revenue (GDR), Motor Vehicle Division (MVD)

Back to Top (Index to Key Terms)

Alias Fi Fa

O.C.G.A. § 9-13-7 Amendment of execution -- To correct mistake in issuance; alias execution

O.C.G.A. § 9-13-8

Back to Top (Index to Key Terms)

Authority to Levy

Oliver v. Warren, 124 Ga. 549, 554, 53 S.E. 100 (1905): Page 101, Encyclopedia of Criminal Law, 11B, Executions, 1996 Revision, The Harrison Company, Publishers, Now Thomson*West. 531 Pages

Back to Top (Index to Key Terms)

Bankruptcy

O.C.G.A. § 44-13-100

Bankruptcy Basics - The Process By United States Bankruptcy Court - Northern District of Georgia

Bankruptcy Basics By United States Bankruptcy Court - Northern District of Georgia

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Bids - Sheriff's Sale

"Encyclopedia of Georgia Law, 11B, Executions," § 253, The Harrison Company (out of print publication)

Boats

Boat Registration

Back to Top (Index to Key Terms)

Bonds, Forthcoming Bond

Northern Freight Lines, Inc. v. Fireman’s Fund Ins. Companies, 75 S.E.2d 104, 121 Ga.App. 786 “...This is based on the sound policy that the sheriff is liable on his bond for failure to exercise due diligence in the serving of process...” (Sheriff’s bond).

O.C.G.A. § 45-4-3

O.C.G.A. § 45-4-14

O.C.G.A. § 45-4-25

O.C.G.A. § 9-13-14

O.C.G.A. § 9-13-15

O.C.G.A. § 9-13-94

O.C.G.A. § 9-13-97

O.C.G.A. § 9-13-70

O.C.G.A. § 9-13-126

Back to Top (Index to Key Terms)

Bond Fi. Fa. From Forfeiture of Criminal Bond or Bond (Bail), Fi Fas

"A Fi. Fa. is A Fi. Fa. is A Fi. Fa."

American Bail Coalition

Georgia Association of Professional Bondsmen, Inc.

Georgia Bail Laws By the Georgia Association of Professional Bondsmen, Inc.

O.C.G.A. § 16-10-3

O.C.G.A. § 16-10-51

O.C.G.A. § 17-6-ff.

O.C.G.A. § 17-6-1

O.C.G.A. § 17-6-2

O.C.G.A. § 17-6-10

O.C.G.A. § 17-6-12

O.C.G.A. § 17-6-30

O.C.G.A. § 17-6-31

O.C.G.A. § 17-6-50

O.C.G.A. § 17-6-51

O.C.G.A. § 17-6-52

O.C.G.A. § 17-6-54

O.C.G.A. § 17-6-70

O.C.G.A. § 17-6-71 "Execution hearing on failure of principal to appear" + Case Law

O.C.G.A. § 17-6-72

O.C.G.A. § 17-6-73

O.C.G.A. § 17-13-38

O.C.G.A. § 33-24-50

O.C.G.A. § 40-13-58

Back to Top (Index to Key Terms)

Bond, Remission

O.C.G.A. § 17-6-72 (95% entitlement)

Back to Top (Index to Key Terms)

Books: Docket

O.C.G.A. § 15-16-10

Back to Top (Index to Key Terms)


Books Electronic Storage of

O.C.G.A. § 15-16-10

Back to Top (Index to Key Terms)

Books: Sales Record

O.C.G.A. § 15-16-10

Back to Top (Index to Key Terms)

Caveat Emptor ("Buyer Beware")

O.C.G.A. § 9-13-167

Brady v. Smotherman, 51 Ga. App. 480, 489 (1935)

Milam v. Adams et al. (216 Ga. 440, 117 SE2d 343. (1960) By LawSkills.com

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Certified Mail & Registered Mail

O.C.G.A. § 9-10-12

Back to Top (Index to Key Terms)

Cancellation

O.C.G.A. § 44-14-164

Back to Top (Index to Key Terms)

Cancel Fi. Fa. When Satisfied

O.C.G.A § 9-13-80

Back to Top (Index to Key Terms)

"Caveat Emptor" ("Buyer Beware")

Milam v. Adams et al, 216 Ga. 440, 117 S.E. 2d 343 (1960)

Back to Top (Index to Key Terms)

Choses in action (What you can and can not levy upon)

O.C.G.A. § 9-13-57

O.C.G.A. § 44-12-20 (Definition)

O.C.G.A. § 44-12-21

O.C.G.A. § 44-12-22

Prodigy Centers/Atlanta et al. v. T-C Associates et al., S98Q0326. (269 Ga. 522) (501 SE2d 209) (1998)

Jefferson Insurance Company of New York v. Dunn. A96A2440. 224 (Ga. App. 732) (482 SE2d 383) (1997)

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Clerks of Court Fees

O.C.G.A. § 15-6-77

O.C.G.A. § 15-6-77.1

O.C.G.A. § 36-15-9

Back to Top (Index to Key Terms)

Constables

O.C.G.A. §15-10-100

O.C.G.A. § 15-10-101

O.C.G.A. § 15-10-102

O.C.G.A. § 15-10-103

O.C.G.A. § 15-10-3

O.C.G.A. § 15-10-43

O.C.G.A. § 15-10-83

O.C.G.A. § 45-3-1

O.C.G.A. § 45-3-13

O.C.G.A. 9-13-53

APPENDIX B1 - UNIFORM RULES FOR THE MAGISTRATE COURTS Uniform Magistrate Court Rule 13

APPENDIX B1 - UNIFORM RULES FOR THE MAGISTRATE COURTS Uniform Magistrate Court Rule 36.3 B (2nd paragraph)

Georgia Attorney General Opinion U87-16 You will have to follow the instructions in the link to get a copy of this opinion.

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Constitution Exemption (FKA Homestead Exemption)

O.C.G.A. § 44-13-1

O.C.G.A. § 44-13-3

O.C.G.A. § 44-13-4

O.C.G.A. § 44-13-5

O.C.G.A. § 44-13-15

O.C.G.A. § 44-13-20

O.C.G.A. § 44-13-22

Georgia Legal Collections, by Lewis N. Jones, § 4-2

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Continuance of Sale from Day to Day

O.C.G.A. § 9-13-162

Wachovia Mtg. Co. v. DeKalb County, 241 Ga. 416, 246 S.E. 2d 183 (1978)

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Costs & Expenses

O.C.G.A. § 9-13-60

O.C.G.A. § 15-6-77(e)(5)

O.C.G.A. § 15-16-21 under case law, "Reasonable Expenses:" Eskind v. Harvey, 20 Ga. App. 412, 93 S.E. 39 (1917) & Hiatt v. Turner, 48 Ga. App. 255, 172 S.E. 607 (1934)

O.C.G.A. § 16-13-60

Legal Collections by Lewis Jones, § 4-2

"The cost of keeping property levied on is part of court costs." Rogers v. Echols, 50 Ga. App. 711, S.E. 131 (1935) & Southern Finance Co. v. Glaze, 117 Ga. App. 249, 160 S.E. 2d 268 (1968)

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Courts

O.C.G.A. § 15-1-3 & Numerous Case Laws: O.C.G.A. § 15-1-3 (from lawskills.com)

O.C.G.A. § 9-13-172 & Case Law: Pierce v. Gaskins. (168 Ga. App. 446) (309 SE2d 658) (1983) (from lawskills.com) "

O.C.G.A. § 9-13-178 controversies in the courts of this state

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Criminal Bond Fi Fas "A Fi Fa is A Fi Fa is A Fi Fa is a Fi Fa ....."

Types of Bonds: Cash Bond, Property Bond, Commercial Bond (Bonding Company Approved by Sheriff), Release on Own Recognizance (AKA OR or SOR), Military Recognizance Bond

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Defendant Fails or Refuses to Direct the Levying Officer to the Property

O.C.G.A. § 44-14-11


§ 44-14-6. Wrongful sale or removal of mortgaged property; penalty

§ 44-14-7. Selling or disposing of motor vehicle securing bill of sale with intent to defraud; penalty

§ 44-14-8. Removal or other disposal of encumbered property in order to hinder levy; penalty; venue

§ 44-14-9. Aiding and abetting removal or other disposal; venue; conviction not dependent upon principal's conviction

§ 44-14-10. Search for property where defendant has no permanent abode; venue of prosecution

§ 44-14-11. Entry of nulla bona; shifting of burden of proof


Back to Top (Index to Key Terms)

Definitions

O.C.G.A. § 45-8-1

Back to Top (Index to Key Terms)

Disclosure by Corporations of Defendant's Shares of Stock

O.C.G.A. § 9-13-58

Direct Registration System (DRS) (No Paper Certificates of Stock) Administrated by The Depository Trust & Clearing Corporation (DTCC) Through Its Subsidiary, The Depository Trust Company (DTC)

What is The Direct Registration System (DRS)? By CACI International Inc.

**** Stocktransfer.com Look up a Company's Transfer Agent. Free!

Transfer Agents Participating in Paperless Legals Program By The Securities Transfer Association, Inc. (STA)

List of Transfer Agents (Major) By Group Five Inc.

Transfer Agents U.S. Securities & Exchange Commission (SEC) Explanation

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Docket Book

O.C.G.A. § 15-16-10

Back to Top (Index to Key Terms)

Dormant Fi. Fa. (Dormancy)

O.C.G.A. § 9-12-60

O.C.G.A. § 9-12-61

O.C.G.A. § 9-12-62

O.C.G.A. § 9-12-63

O.C.G.A. § 9-12-68

O.C.G.A. § 17-10-20 (Criminal)

O.C.G.A. § 9-12-86

Odum v. Peterson, 170 Ga. 666m 153 S.E. 757 (1930)

Scott v. Napier, 85 Ga. App. 268, 69 S.E. 2d 111 (1952)

Hogan v. Scott, 109 Ga. App. 799, 137 S.E. 2d 575 (1964).

Nat'l Bank of Ga. v. Morris-Weather Co., 248 Ga. 798, 286 S.E. 2d 17 (1982)

Mathias et al. v. Hegwood, 212 Ga. App. 335, 441 SE2d 766 (1994) Georgia Law by LawSkills with Case Law, Years 1950 to 2002

Bennett Electric Company v. Spears, 188 Ga. App. 502, 373 SE2d 286 (1988) Georgia Law by LawSkills with Case Law, Years 1950 to 2002

Bowers et al. v. Jim Rainwater Builder & Properties, Inc., 203 Ga. App. 254, 416 SEd 832 (1992) Georgia Law by LawSkills with Case Law, Years 1950 to 2002

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Duties of the Sheriff & His Lawful Deputies

Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

O.C.G.A. § 3-10-13

O.C.G.A. § 15-16-10

Crawford v. Williams, 76 Ga. 792 (1886) Public Office: Disqualification from public office of holders of unaccounted for public money due state.

Ga. Const. , Art. II, Sec. II, Para. III & O.C.G.A. 45-2-1 & Crawford v. Williams, 76 Ga. 792 (1886): Sheriff liable for neglect or violation of duty. -- Rule against sheriff is not limited to cases enumerated in this section; he is certainly liable for neglect or violation of duty.

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Ejectment

O.C.G.A. § 44-11-14 Issuance of Writ of Possession; Levy and Sale Clause

O.C.G.A. § 44-11-15 Persons Not Subject to Writ of Possession

O.C.G.A. § 44-11-30 Manner of ejecting intruders; affidavit; ejection by sheriff; counteraffidavidt

Back to Top (Index to Key Terms)

Electronic Recording Act, Uniform Real Property

O.C.G.A. § 44-2-35

O.C.G.A. § 44-2-36

O.C.G.A. § 44-2-37

O.C.G.A. § 44-2-38

O.C.G.A. § 44-2-39

O.C.G.A. § 44-2-39.1

O.C.G.A. § 44-2-39.2

O.C.G.A. § 40-2-35

O.C.G.A. § 40-2-36

O.C.G.A. § 40-2-37

O.C.G.A. § 40-2-38

O.C.G.A. § 40-2-39

O.C.G.A. § 40-2-39.1

O.C.G.A. § 40-2-39.2

Back to Top (Index to Key Terms)

Electronic Storage of Records

O.C.G.A. § 15-6-61

O.C.G.A. § 15-16-10

Back to Top (Index to Key Terms)

"Eligible Sale" (Recision of Sale) (Reverse Sale) (Rescind Sale)

O.C.G.A. § 9-13-172.1

Back to Top (Index to Key Terms)

Entry of Nulla Bona

O.C.G.A. § 44-14-11

Back to Top (Index to Key Terms)

Excessive Levy

Milam v. Adams et al, 216 Ga. 440, 117 S.E. 2d 343 (1960)

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Execution, Preference

Back to Top (Index to Key Terms)

Execution (Writ of Execution) (Fi. Fa.)

Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

O.C.G.A. § 9-13-8

O.C.G.A. § 9-13-9

O.C.G.A. § 9-13-10

O.C.G.A. § 9-13-11

O.C.G.A. § 9-13-12

O.C.G.A. § 9-13-13

Oxford v. Generators Exchange, Inc., 99 Ga.App. 290, 293, 108 S.E. 2d 174 (1959)

O.C.G.A. § 9-11-69

O.C.G.A. § 9-11-69

O.C.G.A. § 9-11-69

Back to Top (Index to Key Terms)

O.C.G.A. § 9-11-69

O.C.G.A. § 9-13-1

O.C.G.A. § 9-13-2

O.C.G.A. § 9-13-3

O.C.G.A. § 9-13-4

O.C.G.A. § 9-13-5

O.C.G.A. § 9-13-78. Control of execution after payment by joint debtor

Back to Top (Index to Key Terms) Executions (continued)

O.C.G.A. § 9-13-6

O.C.G.A. § 9-13-7 Amendment of execution -- To correct mistake in issuance; alias execution

O.C.G.A. § 9-13-8

O.C.G.A. § 9-13-9

O.C.G.A. § 9-11-69

Back to Top (Index to Key Terms) Executions (continued)

O.C.G.A. § 9-11-69

O.C.G.A. § 9-11-69

O.C.G.A. § 9-11-69

O.C.G.A. § 9-12-9 Numerous Case Laws: O.C.G.A. § 9-12-9 (from lawskills.com)

O.C.G.A. § 9-12-10

O.C.G.A. § 9-12-60

O.C.G.A. § 9-12-66

O.C.G.A. § 9-13-34

O.C.G.A. § 9-13-35

O.C.G.A. § 9-12-81

Back to Top (Index to Key Terms) Executions (continued)

O.C.G.A. § 9-12-81 Note the similarity in O.C.G.A. § 9-12-81, O.C.G.A. § 9-12-82 & O.C.G.A. § 9-12-83

O.C.G.A. § 9-12-82 Note the similarity in O.C.G.A. § 9-12-81, O.C.G.A. § 9-12-82 & O.C.G.A. § 9-12-83

O.C.G.A. § 9-12-83 Note the similarity in O.C.G.A. § 9-12-81, O.C.G.A. § 9-12-82 & O.C.G.A. § 9-12-83

O.C.G.A. § 9-12-80

O.C.G.A. § 9-13-30

O.C.G.A. § 9-13-31

Back to Top (Index to Key Terms) Executions (continued)

O.C.G.A. § 9-13-32

O.C.G.A. § 9-13-33

O.C.G.A. § 9-13-72

O.C.G.A. § 9-13-74

O.C.G.A. § 9-13-75

O.C.G.A. § 9-13-77

O.C.G.A. § 9-13-78

O.C.G.A. § 11-9-601

Back to Top (Index to Key Terms) Executions (continued)

Execution (Writ of Execution) (Fi. Fa.) Against Deceased (Dead) Defendants

O.C.G.A. § 9-13-32

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Execution, Cancel

O.C.G.A. § 9-13-78

O.C.G.A. § 9-13-80

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Execution, Partial Payment Against

O.C.G.A. § 9-13-79

O.C.G.A. § 9-13-78

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Execution, Transfer of

O.C.G.A. § 9-13-36

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Execution, who Can Execute

O.C.G.A. § 9-13-10

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Exemptions from Levy and Sale

O.C.G.A. § 44-13-6

O.C.G.A. § 44-13-14

O.C.G.A. § 44-13-15

O.C.G.A. § 44-13-82

O.C.G.A. § 44-13-107

O.C.G.A. § 44-13-100

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Fi. Fa., Cancel When Satisfied

O.C.G.A. § 9-113-80

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Fi. Fa. Format (SC-5)

O.C.G.A. § 9-12-86

Rule 39. 7, Required Forms. SC 5 Writ of Fieri Facias

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Fi. Fa.s, Interest on

First Check the Fi. Fa to be sure that a specific interest rate is not listed. This would usually be as a result of a contractual agreement! If an interest rate is specified on the Fi. Fa., then use that rate. If no interest rate is specified, then follow the instructions below:

1. Applicable Interest Rates per Georgia Code: O.C.G.A. § 7-4-12 (Current is effective 7/1/2003 which requires a calculation as shown in steps 2 through 4/) Go to the following link to look up the listed code section under O.C.G.A. § 7-4-12 (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/. (Prior to 7/1/2003 rate is 12%) (Prior to 7/1/1980 rate is 7%).

2. Go to http://www.federalreserve.gov/releases/h15/update/ Then click on the "Historical Data" link.

3. Then scroll down to "Bank Prime Loan;" Then click on "Business Day Annual"

4. Finally, plan on doing a lot of scrolling because the rates go from 08/04/1955 to current!

Calculator Software, Free For Calculating Simple Interest on a Fi. Fa. By Pine Grove Software. "Loan* Calculator!Plus®." It is simple to use and takes all of the complexity out of calculating the interest.

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Fi. Fa., Recording of

O.C.G.A. § 9-12-81 General Execution Docket

O.C.G.A. § 9-12-86

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Fi. Fa., Transfer

O.C.G.A. § 9-13-34

O.C.G.A. § 9-13-35

O.C.G.A. § 9-13-36

Senate Bill 585, signed by the Governor of the State of Georgia and effective July 1, 2006 essentially allows the sale of tax fi. fa.s to a third party. Involves O.C.G.A. § 9-13-36 & O.C.G. § Consult your county attorney for a legal interpretation of this bill!

O.C.G.A. § 9-13-75

O.C.G.A. § 48-3-19

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Forced Entry, Use of, to Execute a Fi. Fa.

Possibly under § 48-5-??? (Tax Fi. Fa.s)

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Forthcoming Bond (See Bonds Above)

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Georgia Condominium Act

O.C.G.A. § 48-3-220

O.C.G.A. § 48-3-232

O.C.G.A. § 48-3-234

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Georgia Property Owners' Association Act

O.C.G.A. § 48-3-70

O.C.G.A. § 48-3-109

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Georgia Department of Revenue, Motor Vehicle Division

Georgia Department of Revenue, Motor Vehicle Division

Georgia Department of Revenue, Motor Vehicle Division, Forms & Manuals

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Hours of Sheriff's Sale

O.C.G.A. § 9-13-161

House Bill 172 House Bill 172 includes section 4 that provides for the issuance of a fi. fa. when a fine or restitution is part of the sentence of a person convicted of a crime.

O.C.G.A. § 9-12-9 & Numerous Case Laws: O.C.G.A. § 9-12-9 (from lawskills.com)

O.C.G.A. § 9-11-54

O.C.G.A. § 9-11-62

O.C.G.A. § 9-11-58

O.C.G.A. § 9-13-74

O.C.G.A. § 9-13-75

O.C.G.A. § 9-13-78

O.C.G.A. § 9-12-80

O.C.G.A. § 9-12-87

O.C.G.A. § 9-12-93

O.C.G.A. § 18-4-131

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Hinder Levy (Removes, run offs, hides or otherwise disposes of property under lien or mortgage)

O.C.G.A. § 44-14-8

O.C.G.A. § 44-14-9

O.C.G.A. § 44-14-10

O.C.G.A. § 44-14-11

Injunctions

O.C.G.A. § 9-5-3

Intruders, Proceedings Against

O.C.G.A. § 44-11-30

O.C.G.A. § 44-11-31

O.C.G.A. § 44-11-32

O.C.G.A. § 44-11-33

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Judgment, Dormant

O.C.G.A. § 9-13-60

O.C.G.A. § 9-12-68

O.C.G.A. § 9-12-62

O.C.G.A. § 9-12-87

O.C.G.A. § 9-12-91

O.C.G.A. § 9-12-92

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Judgment, Equal Date (Preference)

O.C.G.A. § 9-12-87

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Judgment, Foreign

O.C.G.A. § 9-12-131

O.C.G.A. § 9-12-132

O.C.G.A. § 9-12-133

O.C.G.A. § 9-12-134

O.C.G.A. § 9-12-135

O.C.G.A. § 9-12-136

O.C.G.A. § 9-12-137

O.C.G.A. § 9-12-138

Thompson v. Pontomac River Front Limited Partnership, 217 Ga.App. 564, 458 S.E.2d 390 (1995) By LawSkills.com

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Judgment, Relief From

O.C.G.A. § 15-10-43(g)

Judicial Sale

O.C.G.A. § 44-3-109

Levy (Actual or Constructive)

See Also: Direct Registration System (DRS) (No Paper Certificates of Stock)

Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

O.C.G.A. § 9-12-80

O.C.G.A. § 9-13-12

O.C.G.A. § 9-13-13

O.C.G.A. § 9-13-16

O.C.G.A. § 9-13-50

O.C.G.A. § 9-13-52

O.C.G.A. § 9-13-55

O.C.G.A. 9-13-53

O.C.G.A. § 9-13-59

O.C.G.A. § 9-13-60

Milam v. Adams et al. (216 Ga. 440, 117 SE2d 343. (1960) By LawSkills.com Excessive Levy

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Levy, Items That You Can Levy Upon

See Also Choses in Action above and on this page!

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Levy, Items That You Can Levy Upon: Airplane (AirCraft)

O.C.G.A. § 44-14-518

O.C.G.A. § 48-5-15.1

O.C.G.A. § 48-5-16

O.C.G.A. § 48-5-504.20

O.C.G.A. § 48-5-543

FAA Aircraft Inquiries (Determine Registration of an aircraft by "Tail Number" (N-Number) By Federal Aviation Administration

FAA Aircraft Registration Inquiry By Federal Aviation Administration

FAA Aircraft Registration Branch By Federal Aviation Administration

FAA Recording of Conveyances, Leases and Security Instruments Against Aircraft Title 49, Subtitle VII, Part A, subpart iii, Section 44107 (49 USC Sec 44107)

FAA Record an Aircraft Claim of Lien By Federal Aviation Administration

FAA Aircraft Bill of Sale with Instructions By Federal Aviation Administration

FAA Aircraft Bill of Sale By Aeroprice.com

FAA Aircraft Registration Forms By Federal Aviation Administration

FAA Information to Air in the Registration of U.S. Civil Aircraft By Federal Aviation Administration

FAA List of Title Search Companies & Law Firms By Federal Aviation Administration

Title Lien Report for Aircraft By Aeroprice.com

Flight Aware (Track Flights)

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Levy, Items That You Can Levy Upon: Levy Upon Real Estate

O.C.G.A. § 9-13-13

O.C.G.A. § 9-13-60 Satisfy Debt prior to levying; Notice of Levy & Sale; Order of applying monies from Sale

Fambrough v. Amis, 58 Ga. 519 (1877)

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Levy, Items That You Can Not Levy Upon

See Also Choses in Action above and on this page!

O.C.G.A. § 9-13-54

O.C.G.A. § 9-13-56

O.C.G.A. § 9-13-57

O.C.G.A. § 9-13-58

O.C.G.A. § 44-13-100

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Levy & Sale Upon Motor Vehicle

O.C.G.A. § 40-3-2

Georgia Department of Revenue, Motor Vehicle Division After Court Action (Sale of Motor Vehicle at Sheriff's Sale) "What is needed to obtain a Georgia Title for a vehicle after court action?"

Georgia Sales & Use Tax to be Collected on Sale of Motor Vehicle

Georgia Sales & Use Tax Rates by County (Rates change be sure that you have the latest chart)

Georgia Department of Revenue, Motor Vehicle Division Contact Info

Kelley Blue Book Car Values

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Levy Upon Stock

O.C.G.A. § 9-13-58 Levying on shares of stock of a bank or corporation See Also: Direct Registration System (DRS) (No Paper Certificates of Stock)

Grossman et al. v. Glass et al.<>32373. (239 Ga. 319) (236 SE2d 657) (1977) from http://www.lawskills.com/case/ga/id/10015/

O.C.G.A. § 9-13-54

O.C.G.A. § 9-13-140

O.C.G.A. § 9-13-60

O.C.G.A. § 9-13-71

O.C.G.A. § 40-3-24

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Levy, Exemptions for Levy & Sale (Statutory Exemptions)

O.C.G.A. § 44-13-100

O.C.G.A. § 40-3024

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Liability of Sheriff and/or His Deputies

“...This is based on the sound policy that the sheriff is liable on his bond for failure to exercise due diligence in the serving of process...” (Sheriff’s bond). Northern Freight Lines, Inc. v. Fireman’s Fund Ins. Companies, 75 S.E.2d 104, 121 Ga.App. 786

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Liens

O.C.G.A. § 9-13-60

O.C.G.A. § 9-12-93

O.C.G.A. § 9-13-51

O.C.G.A. § 9-13-56

O.C.G.A. § 9-13-59

O.C.G.A. § 9-13-71

O.C.G.A. § 9-13-73

O.C.G.A. § 9-13-60

O.C.G.A. § 40-3-2

O.C.G.A. § 40-3-53

O.C.G.A. § 40-3-54

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Liens, Priority

O.C.G.A. § 11-9-333

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Liens, Recording

O.C.G.A. § 9-12-81 General Execution Docket

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Mandamus

O.C.G.A. § 9-6-27

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Marshals

O.C.G.A. § 15-10-100

O.C.G.A. § 15-10-47

O.C.G.A. § 15-10-3

O.C.G.A. § 15-10-102

O.C.G.A. § 15-10-47. Money Judgments
O.C.G.A. § 15-10-46. Levying on executions and conducting judicial sales.
O.C.G.A. § 9-13-53

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Monies (Public Funds)

Ga. Const. , Art. II, Sec. II, Para. III & O.C.G.A. 45-2-1 Public Office: Disqualification from public office of holders of unaccounted for public money due state.

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Negotiable Instrument

Notice of Levy

O.C.G.A. § 9-13-13

O.C.G.A. § 9-13-58 (Stock) See Also: Direct Registration System (DRS) (No Paper Certificates of Stock)

O.C.G.A. § 9-13-60

Weaver v. Tuten, 144 GA. 8,0,85 S.E. 1048 (1915)

Bank v. Giles, 20 Ga. App. 97,92 S.E. 651 (1917)

Encyclopedia of Georgia Law, IIB, Executions, 1996 Revision,

The Harrison Company, Norcross, GA, § 131 "Notice of Levy," pages 186-187 (out of print publication)

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Nulla Bona

O.C.G.A. § 9-12-60

O.C.G.A. § 15-16-21

O.C.G.A. § 16-10-20

O.C.G.A. § 29-3-48

O.C.G.A. § 29-5-48

O.C.G.A. § 34-8-168

O.C.G.A. § 44-14-8

O.C.G.A. § 44-14-11

O.C.G.A. § 44-14-19

O.C.G.A. § 53-7-20

O.C.G.A. § 53-7-23

O.C.G.A. § 53-7-47

O.C.G.A. § 53-7-51

Burke Loan Company, Inc. v. Kelly, 127 Ga. App. 36, 192 S.E.3d 413 (1972)

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Payment from Sale

O.C.G.A. § 9-13-60

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Payment of Excess (Excess Proceeds)

O.C.G.A. § 9-13-60 (c) "The proceeds of the sale shall be applied first to the payment of liens superior to the claims taken up by the plaintiff in execution, next to the payment of principal advanced by the plaintiff in execution to put title in defendant, with interest to date of sale, and the balance to the execution under which the property was sold, and to other liens according to priority, to be determined as provided by law."

O.C.G.A. § 48-4-5

O.C.G.A. § 44-13-86

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Pay Off Mortgage (Take Up Debt)

O.C.G.A. § 9-13-60

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Preservation of Newspapers containing advertisement

O.C.G.A. § 15-6-74

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Proceedings Against Intruders

O.C.G.A. § 44-11-30

O.C.G.A. § 44-11-31

O.C.G.A. § 44-11-32

O.C.G.A. § 44-11-33

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Real Estate

Publication: Pindar's Georgia Real Estate Law and Procedure Thomson West

Real Estate Transfer Tax

O.C.G.A. § 48-6-2

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Recision (Reverse) Sheriff's Sale

O.C.G.A. § 9-13-172.1

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Records & Recording

O.C.G.A. § 9-12-81 General Execution Docket

O.C.G.A. § 9-12-60

O.C.G.A. § 9-12-86

O.C.G.A. § 11-9-310

O.C.G.A. § 44-2-30 Filing & Recording of Notice of Settlement

Bennett Electric Company v. Spears, 188 Ga. App. 502, 373 S.E. 2d 286 (1988).

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Records, Newspaper Advertisements

O.C.G.A. § 15-6-74 (c)

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Relief from Judgment (Set Aside)

O.C.G.A. § 9-11-60

O.C.G.A. § 15-10-43

O.C.G.A. § 44-14-163

O.C.G.A. § 44-14-164

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Removal or other disposal of encumbered property in order to hinder levy; penalty; venue

O.C.G.A. § 44-14-8

O.C.G.A. § 44-14-9

O.C.G.A. § 44-14-10

O.C.G.A. § 44-14-11

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Return of Execution to Court

O.C.G.A. §

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Rules of Georgia Secretary of State

Rules of Georgia Secretary of State

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Sales Record Book (Sales Docket Book)

O.C.G.A. § 15-16-10(a)(6)

O.C.G.A. § 15-6-61

O.C.G.A. § 15-16-1 thru O.C.G.A. § 15-16-15

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Sales & Use Tax, Georgia

Sales & Use Tax Seminar Schedule Georgia Department of Revenue


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Sale, Set Aside

O.C.G.A. § 9-13-172

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Scire Facias

O.C.G.A. § 9-12-61

O.C.G.A. § 9-12-62

O.C.G.A. § 9-12-63 Issuance, copies, service & return

O.C.G.A. § 9-12-64

O.C.G.A. § 9-12-65

O.C.G.A. § 9-12-66

O.C.G.A. § 9-12-67

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Security Instrument, Transferred or Conveyed

O.C.G.A. § 44-14-162

Sheriff's Fees

O.C.G.A. § 15-16-21 (Statutory Fees)

O.C.G.A. § 9-13-140

O.C.G.A. § 9-13-141

O.C.G.A. §

O.C.G.A. §

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Sheriff's Sale

O.C.G.A. § 9-13-160 Note: There is a great deal of case law that deals with this subject.

O.C.G.A. § 9-13-170

O.C.G.A. § 9-13-161

O.C.G.A. § 9-13-161

Georgia Department of Revenue (DOR), Motor Vehicle Division After Court Action "What is needed to obtain a Georgia Title for a vehicle after court action?"

O.C.G.A. § 9-13-52

O.C.G.A. § 9-13-55

O.C.G.A. § 9-13-178

O.C.G.A. § 9-13-178

O.C.G.A. § 9-13-140

O.C.G.A. § 9-13-60

O.C.G.A. § 9-13-60

O.C.G.A. § 9-13-172.1

O.C.G.A. § 9-13-173

O.C.G.A. § 9-13-160

O.C.G.A. § 9-13-161

O.C.G.A. § 9-13-161.1

O.C.G.A. § 9-13-162

O.C.G.A. § 9-13-163

O.C.G.A. § 9-13-164

O.C.G.A. § 9-13-165

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Sheriff's Sale, After the Sale Action

GSCCCA PT-61 E-Filing Must complete for Real Estate Sold By the Georgia Superior Court Clerks' Cooperative Authority. Must be done online on the internet!

Georgia Department of Revenue, Motor Vehicle Division - After Court Action for Motor Vehicles

Georgia County Tax Rate Chart (Be sure to get latest chart)

Georgia Department of Revenue, Compliance Division, Rome, Georgia, phone: 888-229-8497

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Sheriff's Sales, Form of Tender (How You Must Pay)

O.C.G.A. § 9-13-166 (Also See Case Law)

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Sheriff's Sale, Minimum Bid, If Any

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Sheriff's Sale, Purchaser's Responsibilities, Rights & Obligations at a

O.C.G.A. § 9-13-166 and Case Law: Buffington v. Sigler et al. (259 Ga. 478) (383 SE2d 876) (1989) (from lawskills.com)

O.C.G.A. § 9-13-167

O.C.G.A. § 9-13-168

O.C.G.A. § 9-13-169

O.C.G.A. § 9-13-170

O.C.G.A. § 9-13-171

O.C.G.A. § 9-13-174

O.C.G.A. § 9-13-175

O.C.G.A. § 9-13-176

O.C.G.A. § 9-13-177

O.C.G.A. § 9-13-78

O.C.G.A. § 9-13-60

Pinkston v. Harrell, 106 Ga. 102, 31 S.E. 808, 71 Am. St. Rep. 216, 217

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Sheriff's Sale, Perishable Items

O.C.G.A. § 9-13-165

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Statutory Overnight Delivery

O.C.G.A. § 9-10-12

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Sheriff as Trespasser

O.C.G.A. § 51-10-1 thru 51-10-6

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Storage of Property that Has Been Levied Upon

Rogers v. Echols, 50 Ga. App. 711, 179 S.E. 131 (1935)

Souther Finance Co. v. Glaze, 177 Ga. App. 249, 160 S.E. 2d 268 (1968)

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Tools of Trade (Common Tools of Trade)

O.C.G.A. 9-13-10 and Tools of Trade ("Common Tools") ("Implements of Trade"). Can you levy on "Tools of Trade?" See Nenoir v. Weeks, 20 Ga. 596 Ga. 1856. August Term, 1856 and Case law under O.C.G.A. § 9-13-10). See also U.S. Supreme Court, GUNN v. BARRY, 82 U.S. 610 (1872). Also see below this line:

"ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILEE, AT AN ANNUAL SESSION, IN NOVEMBER AND DECEMBER, 1822.
[missing title]
DEBTORS.

1822 Vol. 1 -- Page: 37

Sequential Number: 029
Type: AN ACT

Full Title: To exempt from sale for debts contracted after a given time, certain articles chiefly necessary for the subsistence of the Debotor's family.

WHEREAS, it does not comport with justice or expediency to deprive innocent and helpless women and children of the means of subsistence:

Be it therefore enacted by the [Illegible Text] and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of March next, the following articles shall be exempt from levy and sale on account of any debt contracted after that day, to wit: -- Two beds and bedding, common bedsteads, a spinning wheel and two pair of cards, a loom, and cow and calf, common tools of his trade and ordinary cooking utensils, and ten dollars worth of provisions.

Sec. 2. And be it further enacted by the authority aforesaid, That in all cases where any debtor shall have the benefit of the above recited act extended to him, it shall be the duty of the officer levying the execution to make out a schedule of the articles so exempted from seizure and sale, and return the same to the clerk of the Inferior court of said county, whose duty it shall be to record the same in a book to be kept by him for that purpose, then the above property shall be alienated and vested in the Inferior court, to be appropriated to the benefit and use of said family so long as the defendant shall remain insolvent.

Sec. 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws, so far as they militate with this act, shall be and they are hereby repealed.

ALLEN DANIEL,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate

JOHN CLARK, Governor.

Approval Date: Assented to December 23, 1822." Source: University of Georgia's Virtual Library, Galileo Database (note: this link will not work unless you are logged into the University of Georgia's Galileo's Database First!)

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Uniform Commercial Code (UCC)

Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

Georgia Superior Court Clerks Cooperative Association Look up UCC (Uniform Commercial Code) Filings. Also real estate information!

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Vehicles, After Court Action

O.C.G.A. § 40-3-2

O.C.G.A. § 40-3-53

O.C.G.A. § 40-3-54

O.C.G.A. § 40-3-24

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Written Notice of Levy on Land

O.C.G.A. § 9-13-13

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