|
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
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.
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)
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 the Sale Action,
Sheriff's Sale
Airplane (Aircraft)
Alias Fi Fa
Authority to Levy
Affidavit of Illegality
Back to Top (Index to Key Terms)
B
Automobile (Car) (Motor Vehicle, Levy & Sale
Bankruptcy
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
Constables
Constitution
Exemption (FKA Homestead Exemption)
Control of execution after payment by joint debtor
Costs & Expenses
Courts
Criminal Bond Fi Fas
Back to Top (Index to Key Terms)
D
Dead Person
Deceased Person
Defendant Fails or Refuses to Direct the Levying Officer to the Property
Definitions
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
Excess, Payment
of (Excess Proceeds)
Excess
Proceeds (Excess, Payment
of)
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
Back to Top (Index to Key Terms)
F
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
Homestead
Exemption (NKA Constitution Exemption )
Hours of Sheriff's Sale
Back to Top (Index to Key Terms)
I
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
Back to Top (Index to Key Terms)
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)
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
Back to Top (Index to Key Terms)
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. § 9-13-97
O.C.G.A. § 9-13-15
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
Back to Top (Index to Key Terms)
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
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)
Back to Top (Index to Key Terms)
Costs &
Expenses
O.C.G.A. §
9-13-60 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)
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.
Back to Top (Index to Key Terms)
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
Back to Top (Index to Key Terms)
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
Back to Top (Index to Key Terms)
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
Back to Top (Index to Key Terms)
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
Back to Top (Index to Key Terms)
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
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
Back to Top (Index to Key Terms)
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.
§
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.
Back to Top (Index to Key Terms)
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
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)
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
Back to Top (Index to Key Terms)
Execution, Cancel
O.C.G.A. § 9-13-78
O.C.G.A. § 9-13-80
Back to Top (Index to Key Terms)
Execution, Partial Payment
Against
O.C.G.A. § 9-13-79
O.C.G.A. § 9-13-78
Back to Top (Index to Key Terms)
Execution, Transfer of
O.C.G.A. § 9-13-36
Back to Top (Index to Key Terms)
Execution, who Can Execute
O.C.G.A. § 9-13-10
Back to Top (Index to Key Terms)
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
Back to Top (Index to Key Terms)
Fi.
Fa., Cancel When Satisfied
O.C.G.A. § 9-113-80
Back to Top (Index to Key Terms)
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
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. §
7-4-12 (Current is
effective 7/1/2003; Prior to 7/1/2003 rate is 12%; Prior to 7/1/1980 rate is
7%.
Verify this with your Attorney)
Go to
http://www.federalreserve.gov/releases/h15/update/
Then click on the "Historical Data" link.
Then scroll down to "Bank Prime Loan;" Then click on "Business Day
Annual"
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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Top (Index to Key Terms)
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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Top (Index to Key Terms)
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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Top (Index to Key Terms)
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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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)
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
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Levy Upon Stock
O.C.G.A.
§
9-13-58
Levying on shares of stock of a bank or corporation
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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Top (Index to Key Terms)
Negotiable
Instrument
Notice of Levy
O.C.G.A. §
9-13-13
O.C.G.A. §
9-13-58 (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. § 9-12-86
O.C.G.A. §
11-9-310
O.C.G.A. § 44-2-30
Filing & Recording of Notice of Settlement
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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
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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(Index to Key Terms)
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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(Index to Key Terms)
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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