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GEORGIA TAX 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


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 Code (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 Fi. Fa.s (Writ of Fieri Facias) & Levying Page on This Web Site


National:

Locating Hidden Assets A Primer on Locating Hidden Assets by www.YBLost.com the Directory of Directories

National Judgment Recovery


*** 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.

HB 222 County tax commissioners; purchasing certain property; prohibited Signed By Governor on 05/14/2007


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


KEY TERMS

Ad Valorem Tax Foreclosures & Tax Sales

Advertising as Additional Cost of Execution

Advertising in Newspaper

Affidavit of Illegality

After the Sale Action on a Sheriff's Sale

Aggregate Fi Fas

Aircraft (Airplane) Execution (Writ of Execution) (Fi. Fa.) On

Airplane (Aircraft)

 

Barment Notice

Bid, Minimum

Bonds

Books: Docket

Books Electronic Storage of

Books: Sales Record

 

Choses in Action

Commission, Sheriffs

Constables

Costs

Courts

 

Date & Time of Sheriff's Sale

Dead (Deceased) Defendant

Definition

Depositions, Interrogatories & Productions of Documents

Docket Book

Dormant Fi. Fa.

Due Diligence

Duties of the Sheriff & His Lawful Deputies

Duty of Sheriff When Presented Tax Fi. Fa.Enter Non Resident Part of Real Property (Curtilage)

 

Electronic Storage of Records

Excess Funds (Excess Proceeds)

Excess Proceeds from Sale

Execution (Writ of Execution) (Fi. Fa.) On Aircraft (Airplane)

Ex-Officio Sheriffs (Tax Commissioners & Tax Collectors)

Execution, Partial Payment Against

Execution (Writ of Execution)

Execution, Cancel

Exemptions From Levy & Sale

Facts About Property Tax

Fi Fas, Aggregate

Fi. Fa., Recording of

Fi. Fa., Transfer

 

Fees, Sheriff

Fi Fa Cancellation Fee

Fi Fa Settlement Fee

Foreclosure

Foreclosure of Right of Redemption

Forthcoming Bond

 

Georgia Superior Court Clerks' Cooperative Authority (GSCCCA)

Georgia Sales Tax

Gwinnett County Tax Commissioner, Tax Lien & Tax Sale Information

 

Hours of Sheriff's Sale

Interest on Past Due Taxes

Interfering with A Levy

Judicial Interference in Tax Levies

Judgment

Judgment, Dormant

Judgment, Foreign

Judgment, Priorities

 

Liability of Sheriff and/or His Deputies

Legal Description

Levy (Actual & Constructive)

Levy Administration Fee

Levy, Items That You Can Levy Upon or Items That You Can Not Levy Upon

Liens

Liens for Taxes, Priority

 

Mandamus

Marshals

Minimum Bid

Minimum Bid, If Any, at a Newspaper

Monies

 

Notice of Levy to Owner of Security Deed or Mortgages

Notice to Owner of Security Deed or Mortgage

Notice to Tax Officer

Nulla Bona

 

Obstruction

Official Organ of Any County

 

Past Due Taxes, Interest On

Persons Liable for Taxes on Property

Petition to Reduce Execution to Judgment

Priorities on Judgments

Purchaser's Responsibilities & Obligations at a

Procedures for Tax Sales of Real Property

Priority of Taxes over other claims; superiority of security deed

Public Funds

 

Quia Timet (Quiet Title)

Quiet Title (Quia Timet)

 

Records & Recording

Redemption of Property

Return

Revenue and Taxation

 

Sales Record Book

Sale of Levied Property

Sales Tax

Selection of Property to be Levied Upon

Sheriffs Commission

Sheriff's Fees

Sheriff's Sale

Sheriff's Sale

Sheriff's Sale

Sheriff's Sale, After the Sale Action

Sheriff's Sale, Date & Time

Sheriff's Sale, Minimum Bid, If Any

Sheriff's Sale, Perishable Items

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

Statutory Overnight Delivery

Tax Deed Filing Fee

Tax Deed Preparation Fee

Tax Liens

Tax Lien & Tax Sale Information, Gwinnett County Tax Commissioner

Taxes, Property

Ten (10) Day Notice

Tools of Trade (Common Tools of Trade)

Transfer of Executions (Transfer of Tax Fi. Fa.s)

Trespass

Uniform Commercial Code (UCC)

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

United States Bankruptcy Court

Written Notice of Levy on Land


Ad Valorem Tax Foreclosures & Tax Sales

O.C.G.A. § 48-3-6 Leviers of executions; aggregating multiple executions

O.C.G.A. § 48-5-1 Legislative intent

O.C.G.A. § 48-4-79 Judicial hearing on petition; orders; priority of claims; death of interested party

O.C.G.A. § 48-4-81 Sale procedures; time; minimum bid; finality; right of redemption by owner; execution of tax deed; report of sale

Advertising as Additional Cost of Execution

O.C.G.A. § 48-5-137.1

Advertising in Newspaper (Newspaper, Official Organ of County)

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

O.C.G.A. § 48-4-1

O.C.G.A. § 48-5-137.1

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Affidavit of Illegality

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. § 9-13-90

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. § 9-13-98

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. § 9-13-126

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. § 48-5-203

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Aggregate Fi Fas

O.C.G.A. § 48-4-1(b)

O.C.G.A. § 48-3-6

Bid, Minimum

O.C.G.A. § 48-4-81

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Bonds; Forthcoming Bond

Northern Freight Lines, Inc. v. Fireman’s Fund Ins. Companies, 75 S.E.2d 104, 121 Ga.App. 786

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

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

O.C.G.A. § 9-13-57

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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Costs

O.C.G.A. § 15-6-77(e)(5) Other Costs!

O.C.G.A. § 48-5-137.1

O.C.G.A. § 48-5-161

O.C.G.A. § 48-5-163

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. § 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

Definitions

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. § 45-8-1

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Depositions, Interrogatories & Productions of Documents

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. § 9-11-69

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Docket Book

O.C.G.A. § 15-16-10

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Dormant Fi. Fa. (Dormant Judgment_

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. § 9-12-60

O.C.G.A. § 9-12-66

O.C.G.A. § 9-12-68

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Due Deligence

O.C.G.A. § 48-3-19 (Repealed May 2002; New version July 1, 2006)

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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. 15-16-10

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

rawford 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. Ga. Const. , Art. II, Sec. II, Para. III & O.C.G.A. 45-2-1

Duty of Sheriff When Presented a Tax Fi. Fa. : Vesta Holdings, LLC v Freeman (2006)

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Electronic Storage of Records

O.C.G.A. § 15-13-10

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Enter Non Resident Part of Real Property (Curtilage)

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. § 9-11-69

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Excess Proceeds from Sale (Excess Funds)

Wester v. United Capital Financial of Atlanta, LLC. 282 Ga. app. 392, 638 S.E.2d 779 (2006) "Superlien"

O.C.G.A. § 48-4-5 (Payment of Excess)

O.C.G.A. § 48-4-43 (redemption)

Wester (or Webster) v. United Capital Financial of Atlanta, LLC, 282 Ga. App. 392

http://www.legis.state.ga.us/legis/2001_02/fulltext/hb337.htm

http://www.legis.state.ga.us/legis/2005_06/fulltext/sb585.htm

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

O.C.G.A. § 9-13-11

O.C.G.A. § 9-13-12

O.C.G.A. § 9-13-13

O.C.G.A. § 9-13-10

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. § 9-13-1

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. § 9-13-6

O.C.G.A. § 9-13-7

O.C.G.A. § 48-3-3

O.C.G.A. § 48-5-1 (Procedure for sales under tax levies and execution)

O.C.G.A. § 48-5-161

O.C.G.A. § 48-5-202

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

O.C.G.A. § 9-13-32

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Execution (Writ of Execution) (Fi. Fa.) On Aircraft (Airplane)

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

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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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Execution, Cancel

O.C.G.A. § 9-13-80

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Execution, Partial Payment Against

O.C.G.A. § 9-13-79

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Ex-Officio Sheriffs (Tax Commissioners & Tax Collectors)

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. § 48-5-137

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Facts About Property Tax

Association County Commissioners of Georgia

Fees, Sheriff

O.C.G.A. § 15-16-21

O.C.G.A. § 48-5-161

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Fi Fa Cancellation Fee

O.C.G.A. § 15-6-77(f)(1)(A)(ii)

O.C.G.A. § 47-14-51(b)

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Fi. Fa. Format (SC-5)

O.C.G.A. § 9-12-86 Recording of fi fa

Uniform Superior Court Rule 39.7, Appendix A Rule 39. 7, Required Forms. SC 5 Writ of Fieri Facias

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Fi. Fa.s, Interest on

O.C.G.A. § 7-4-12

To take the long route around 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

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. § 9-12-86

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Fi Fa Settlement Fee

O.C.G.A. § 16-16-21(b)(20) & O.C.G.A. § 16-16-21(b)(21)

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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. § 48-3-19 (Repealed May 2002; New version July 1, 2006). Consult your county attorney for a legal interpretation of this bill!

O.C.G.A. § 9-13-75

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Foreclosure

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

Foreclosure Page on This Web Site

Foreclosure.com

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Forthcoming Bond (See Bonds Above)

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Georgia Superior Court Clerks' Cooperative Authority (GSCCCA)

GSCCCA

O.C.G.A. 15-6-97

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Gwinnett County Tax Commissioner

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

Gwinnett County Tax Lien & Tax Sale General Information

Gwinnett County Property Tax Information Lots of good information!

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Hours of Sheriff's Sale

O.C.G.A. § 9-13-161

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Interest on Past Due Taxes

O.C.G.A. § 48-2-40

O.C.G.A. § 48-5-148

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Interfering with A Levy

O.C.G.A. § 48-3-7

O.C.G.A. § 48-3-27

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Judgment

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. § 9-11-54

O.C.G.A. § 9-12-80

O.C.G.A. § 9-11-58

O.C.G.A. § 9-11-58

O.C.G.A. § 9-12-80

O.C.G.A. § 9-11-62

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

O.C.G.A. § 9-12-93

O.C.G.A. § 9-13-74

O.C.G.A. § 9-13-75

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Judgment, Dormant

O.C.G.A. § 9-13-60

O.C.G.A. § 9-12-62

O.C.G.A. § 9-12-68

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Judgment, Foreign

O.C.G.A. § 9-12-130

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

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Judgment, Priorities

O.C.G.A. § 9-12-87

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Judicial Interference in Tax Levies

O.C.G.A. § 48-3-26

O.C.G.A. § 48-5-202

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Legal Description

O.C.G.A. § 48-4-1

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Levy (Actual or Constructive)

O.C.G.A. § 9-13-55

O.C.G.A. § 9-13-52

O.C.G.A. § 9-13-55

O.C.G.A. § 9-13-53

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Levy Administration Fee

O.C.G.A. § 48-5-161(c)(2(B)

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Levy, Items That You Can Levy Upon

See Also Choses in Action above and on this page!

O.C.G.A. § 9-13-58

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

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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. § 44-13-63

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Liability of Sheriff and/or His Deputies

Northern Freight Lines, Inc. v. Fireman’s Fund Ins. Companies, 75 S.E.2d 104, 121 Ga.App. 786

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Liens

26 USCS § 6322(b)

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. § 48-2-56

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Liens for Taxes, Priority

O.C.G.A. § 48-2-56

Mandamus

O.C.G.A. § 9-6-27

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Minimum Bid

O.C.G.A. § 48-4-81

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Monies (Public Funds)

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

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

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Notice of Levy to Owner of Security Deed or Mortgages

O.C.G.A. § 48-3-9

Tharp v. Vesta Holdings I, LLC, 276 Ga. App. 901, 625 S.e.2d 46 (2005)

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Notice of Levy to Owner of Security Deed or Mortgages

O.C.G.A. § 48-3-9

Tharp v. Vesta Holdings I, LLC, 276 Ga. App. 901, 625 S.e.2d 46 (2005)

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Notice to Owner of Security Deed or Mortgage

O.C.G.A. § 48-3-9 (20 day rule)

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Notice to Tax Officer

O.C.G.A. § 48-4-1

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Notice of Levy to Owner of Security Deed or Mortgages

O.C.G.A. § 48-3-9

Tharp v. Vesta Holdings I, LLC, 276 Ga. App. 901, 625 S.e.2d 46 (2005)

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Nulla Bona

O.C.G.A. § 16-10-20

O.C.G.A. § 44-3-13

O.C.G.A. § 44-14-11

O.C.G.A. § 48-3-13

O.C.G.A. § 48-3-23

O.C.G.A. § 48-13-25

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Obstruction

O.C.G.A. § 48-3-27

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Persons Liable for Taxes on Property

O.C.G.A. § 48-5-9

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Petition to Reduce Execution to Judgment

O.C.G.A. § 48-3-13

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Priority of Taxes over other claims; superiority of security deed

O.C.G.A. § 48-5-28

Procedures for Tax Sales of Real Property

O.C.G.A. § 48-4-1

O.C.G.A. § 48-4-2

O.C.G.A. § 48-4-3

O.C.G.A. § 48-4-4

O.C.G.A. § 48-4-5

O.C.G.A. § 48-4-6

O.C.G.A. § 48-4-7

O.C.G.A. § 48-4-20

O.C.G.A. § 48-4-21

O.C.G.A. § 48-4-22

O.C.G.A. § 48-4-23

O.C.G.A. § 48-4-40

O.C.G.A. § 48-4-41

O.C.G.A. § 48-4-42

O.C.G.A. § 48-4-43

O.C.G.A. § 48-4-45

O.C.G.A. § 48-4-46

O.C.G.A. § 48-4-47

O.C.G.A. § 48-4-48

O.C.G.A. § 48-4-75

O.C.G.A. § 48-4-76

O.C.G.A. § 48-5-17

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Records & Recording

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. § 9-12-86

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Redemption of Property (Foreclosure of Right of Redemption) (Barment Notice)

O.C.G.A. § 23-3-61. Who may bring proceeding (Quia Timet) (Quiet Title)

O.C.G.A. § 23-3-62

O.C.G.A. § § 23-3-65 (Quia Timet) (Quiet Title)

O.C.G.A. § § 23-3-65 (b) Service of Process (Quia Timet) (Quiet Title)

O.C.G.A. § 48-4-43

O.C.G.A. § 48-4-46 (Form of Notice)

O.C.G.A. § 48-4-48

Wester v. United Capital Financial of Atlanta, LLC, 282 Ga. App. 392

O.C.G.A. § 48-4-65

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Return

O.C.G.A. § 48-5-161

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Revenue and Taxation

O.C.G.A. § 48-2-80

O.C.G.A. § 48-2-81

O.C.G.A. § 48-3-1 thru O.C.G.A. § 48-3-29

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Sales Record Book

O.C.G.A. § 15-16-10

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Sale of Levied Property

O.C.G.A. § 48-5-1 (Procedure for sales under tax levies and execution)

O.C.G.A. § 48-5-202

Sales Tax, Georgia

County Rate Chart

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Scire Facias

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. § 9-12-61

O.C.G.A. § 9-12-62

O.C.G.A. § 9-12-63

O.C.G.A. § 9-12-63

O.C.G.A. § 9-12-64

OG.A. § 9-12-65

O.C.G.A. § 9-12-66

O.C.G.A. § 9-12-67

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Selection of Property to be Levied Upon

O.C.G.A. § 48-3-4

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Sheriff's Fees (Includes Commissions)

O.C.G.A. § 15-16-21

O.C.G.A. § 48-5-161(c)(2)

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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!

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Sheriff's Sale, Date & Time

O.C.G.A. § 9-13-60

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. § 9-13-161

O.C.G.A. § 9-13-170

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Sheriff's Sale, Minimum Bid, If Any

O.C.G.A. § 48-4-81

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Sheriff's Sale, Perishable Items

O.C.G.A. § 9-13-165

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

O.C.G.A. § 9-13-166

Buffington v. Sigler et al. (259 Ga. 478) (383 SE2d 876) (1989) (from lawskills.com)

O.C.G.A. § 9-13-167

May v. Macioce. (191 Ga. App. 491) (382 SE2d 198) (1989) (from lawskills.com)

impson et al. v. Simmons. (188 Ga. App. 793) (374 SE2d 356) (1988) (from lawskills.com)

O.C.G.A. § 9-13-168

O.C.G.A. § 9-13-169

"No note or memorandum in writing shall be necessary to charge any person at a judicial sale." Case Law: James v. Safari Enterprises, Inc. (244 Ga. App. 813) (537 SE2d 103) (2000) (from lawskills.com)

O.C.G.A. § 9-13-170

Timpson et al. v. Simmons. (188 Ga. App. 793) (374 SE2d 356) (1988) (from lawskills.com)

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

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Statutory Overnight Delivery

Tax Lien Certifcates.com Tax Liens (tax deed sales) in Georgia

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Tax Deed Filing Fee

O.C.G.A. § 15-6-77(f)(1)(A)(ii)

O.C.G.A. § 47-14-51

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Tax Deed Preparation Fee

O.C.G.A. § 15-16-21

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Tax Liens

Tax Lien Certifcates.com Tax Liens (tax deed sales) in Georgia

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Taxes, Property

O.C.G.A. §

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Tax Sales Info, Gwinnett County Tax Commissioner

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Ten (10) Day Notice

O.C.G.A. § 48-4-1

O.C.G.A. § 15-16-21

Tools of Trade (Common Tools of Trade)

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

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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Transfer of Executions (Transfer of Tax Fi. Fa.s)

O.C.G.A. § 48-3-19 (Repealed May 2002; New version July 1, 2006)

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Trespass

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Uniform Commercial Code (UCC)

Look up UCC (Uniform Commercial Code) Filings. Also real estate information!

Georgia Superior Court Clerks Cooperative Association

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Written Notice of Levy on Land

O.C.G.A. § 48-3-9(a)

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THIS PART BELOW IS UNDER CONSTRUCTION!

 

O.C.G.A. § 9-13-8

O.C.G.A. § 9-13-9

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

Transfer to Third Party

 

Transfer to Third Party

O.C.G.A. § 9-13-35

 

"All judgments obtained in the superior courts, magistrate courts, or other courts of this state shall be of equal dignity and shall bind all the property of the defendant in judgment, both real and personal, from the date of such judgments except as otherwise provided in this Code."

O.C.G.A. § 9-12-80

"When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue accordingly."

O.C.G.A. § 9-13-30

"In all cases of appeal where security has been given and judgment has been entered against the principal and surety, jointly and severally, execution shall issue accordingly and shall proceed against either or both at the option of the plaintiff until his debt is satisfied."

O.C.G.A. § 9-13-31

"On the death of a defendant after final judgment when no execution has been issued prior to such death, execution may issue as though the death had not taken place."

O.C.G.A. § 9-13-32

"Executions issued in favor of or against partners, where the partnership style is used therein instead of the individual names of the persons composing the firm, shall be valid."

O.C.G.A. § 9-13-33

"If the plaintiff in execution, for a valuable consideration, releases property which is subject to execution, the release shall be a satisfaction of the execution to the extent of the value of the property so released insofar as purchasers and creditors are concerned. However, nothing in this Code section shall apply to any such release made by the transferee of any execution issued for taxes due the state or any county or municipality therein or of any execution issued by any municipality on account of assessments made against real estate for street or other improvements. In all such cases the execution shall be discharged or satisfied only to the extent of the amount of taxes or other assessments owing by the parcel released."

O.C.G.A. § 9-13-72

"An agreement for a valuable consideration never to enforce a judgment or execution shall release the judgment or execution."

O.C.G.A. § 9-13-74

"One judgment may be set off against another, on motion, whether in the hands of an original party or an assignee. The balance on the larger is collectable under execution. The rights of an assignee shall not be interfered with if bona fide and for value."

O.C.G.A. § 9-13-75

"The security paying off an execution shall have control thereof."

O.C.G.A. § 9-13-77

Notice of Levy & Time of Sale: "... (b) ... notice of the levy and time of sale shall be given by the levying officer to the vendor or holder of the title given to secure the debt, if known, and also to the defendant in execution ..."

O.C.G.A. § 9-13-60

"All judgments obtained in the superior courts, magistrate courts, or other courts of this state shall be of equal dignity and shall bind all the property of the defendant in judgment, both real and personal, from the date of such judgments except as otherwise provided in this Code."

O.C.G.A. § 9-12-80

"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 subsequent conviction, the person shall be sentenced to confinement for not less than two nor more than four years."

O.C.G.A. § 9-13-16

(a) The defendant in execution shall be at liberty to point out what part of his property he may think proper to be levied on, which property the sheriff or other officer shall be bound to take and sell first if the same is, in the opinion of the levying officer, sufficient to satisfy the judgment and costs.

(b) When a defendant in execution shall point out property on which to levy the execution which is in the possession of a person not a party to the judgment from which the execution issued, the sheriff or other officer shall not levy thereon but shall proceed to levy on such property as may be found in the possession of the defendant."

Note: According to Mr. Stuart Finestone, attorney & author of Georgia Post-Judgment Collection with Forms, Thomson*West, p. 115 the following case law allows the claimant to point out the property to be levied upon without first letting the defendant have the opportunity to point out the property to be levied upon: City of Leesburg v. Forrester, 59 Ga.App. 503, 1 S.E.2d 584 (1939).

O.C.G.A. § 9-13-50

"Where, in an action against two or more joint contractors, joint and several contractors, or partners, service is perfected on only part of the contractors or partners and the officer serving the writ returns that the others are not to be found, the judgment obtained shall bind, and execution may be levied on, the joint or partnership property as well as the individual property, real and personal, of the defendant or defendants who have been served with a copy of the process. However, the judgment shall not bind nor shall execution be levied on the individual property of the defendant or defendants not served with process."

O.C.G.A. § 9-13-59

"Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made ...":

O.C.G.A. § 9-13-161

"What is needed to obtain a Georgia Title for a vehicle after court action?" (Sheriff's or Marshal's Sale).

Georgia Department of Revenue (DOR) After Court Action

Land Divided by a County Line

O.C.G.A. § 9-13-52

"To authorize a sale of personal property there shall be an actual or constructive seizure."

O.C.G.A. § 9-13-55

purchaser at a judicial sale shall not be required to show title deeds prior to his purchase

O.C.G.A. § 9-13-178

necessary for his case to show good title in the person whose interest he purchased

O.C.G.A. § 9-13-178

"(a) The sheriff, coroner, or other officer shall publish weekly for four weeks in the legal organ for the county, or if there is no newspaper designated as such, then in the nearest newspaper having the largest general circulation in such county, notice of all sales of land and other property executed by the officer. In the advertisement the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In the case of real property, such advertisement shall include the legal description of such real property and may include the street address of such real property, if available, but provided that no foreclosure shall be invalidated by the failure to include a street address or by the insertion of an erroneous street address.
(b) However, horses, hogs, and cattle may be sold at any time by the consent of the defendant, in which case it shall be the duty of the officer to give the plaintiff ten days´ notice thereof and also to advertise the same at three or more public places in the county where the property may be at least ten days before the sale."

O.C.G.A. § 9-13-140

Notice of Levy & Time of Sale: "(b) ... notice of the levy and time of sale shall be given by the levying officer to the vendor or holder of the title given to secure the debt, if known, and also to the defendant in execution ..."

O.C.G.A. § 9-13-60

Liens: "... (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. § 9-13-60

"(a) As used in this Code section, 'eligible sale' means a judicial or nonjudicial sale that was conducted in the usual manner of a sheriff´s sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser.
(b) Upon recision of an eligible sale, the seller shall return to the purchaser, within five days of the recision, all bid funds paid by the purchaser.
(c) Where the eligible sale was rescinded due to an automatic stay pursuant to the filing of bankruptcy by a person with an interest in the property, the damages that may be awarded to the purchaser in any civil action shall be limited to the amount of the bid funds tendered at the sale.
(d) Where the eligible sale was rescinded due to:
(1) The statutory requirements for the sale not being fulfilled;
(2) The default leading to the sale being cured prior to the sale; or
(3) The plaintiff in execution and the defendant in execution having agreed prior to the sale to cancel the sale based upon an enforceable promise by the defendant to cure the default,
the damages that may be awarded to the purchaser in any civil action shall be limited solely to the amount of the bid funds tendered at the sale plus interest on the funds at the rate of 18 percent annually, calculated daily. Notwithstanding any other provision of law, specific performance shall not be a remedy available under this Code section."

O.C.G.A. § 9-13-172.1

"A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale were made by the person against whom the process was issued."

O.C.G.A. § 9-13-173

"(a) For the purposes of this Code section, the term 'public sale' means any sale, the notice of which must by law in any manner be given to the public.
(b) All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for the sale."

O.C.G.A. § 9-13-160

"(a) Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made on the first Tuesday in each month, between the hours of 10:00 A.M. and 4:00 P.M., and at public outcry; provided, however, that, should the first Tuesday of the month fall on New Year´s Day or Independence Day, such sales shall take place on the immediately following Wednesday. A change in the time of such sales from the first Tuesday of the month to the first Wednesday of the month as provided in this subsection shall also apply to all public sales within the county required to be conducted at the time of the sheriff´s sales.
(b) In all cases where any sheriff, coroner, or other levying officer shall levy any execution or other legal process upon any corn, lumber, timber of any kind, bricks, machinery, or other articles difficult and expensive to transport, the officer may sell the property without carrying and exposing the same at the courthouse door on the day of sale, but the levying officer shall give a full description of the property and the place where it is located in the advertisement of the sale.
(c) By general order of the presiding judge of the superior court of the county, published in the official newspaper of the county and entered on the minutes of the court, all sales of property under execution within a county may be held at a place other than at the courthouse when, in the opinion of the judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets. However, no such property shall be sold at a place different from that shown in the advertisement of the sale. Any change in the place of such sales within any county, as provided in this Code section, shall also apply to all public sales within the county required to be conducted in the manner of sheriff´s sales."

O.C.G.A. § 9-13-161

"(a) In any county of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in two other newspapers having general circulation in such county and entered upon the minutes of the court, that all sales of personal property by the sheriff of such county may be held at a place other than at the courthouse where, in the opinion of the chief judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets.
(b) No such property shall be sold at a place different from that shown in the advertisement of the sale.
(c) After the issuance of the first general order as provided in subsection (a) of this Code section, the chief judge may from time to time change the place of holding such sales by another general order published as provided in subsection (a) of this Code section.
(d) This Code section shall be supplemental to other provisions of law, with a view towards efficient and orderly handling of sheriff´s sales.
(e) Nothing in this Code section shall be construed to affect the time, manner, or place of any sale not made by the sheriff but required to be made at the same time, manner, or place as sheriff´s sales."

O.C.G.A. § 9-13-161.1

" Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other officer has given notice of the intended continuance in the advertisement of the sale. "

O.C.G.A. § 9-13-162

"Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of the levying officer, upon the facts being made plainly to appear to the judge of the court from which the process has issued or to the judge of the superior court of the county or to the judge of the probate court of the county in which the levy has been made during the absence of the judge of the superior court, it shall be the duty of the judge to order a sale of the property. The sale shall be at the usual place of holding sheriff´s sales for the county where the property is located."

O.C.G.A. § 9-13-163

"(a) The time and place of holding a sale under Code Section 9-13-163 shall be advertised at the courthouse and at two other public places at least ten days before the day of sale.
(b) The judge or judge of the probate court may order a sale of livestock, fruit, or other personal property in a perishable condition, after three days´ notice.
(c) No judicial officer shall grant any order for the sale of personal property where the defendant in execution or other process or his attorney has not had at least two days´ notice of applicant´s intention to apply for such order, which notice shall specify the time and place of hearing. In cases of attachment for purchase money falling within this Code section, like notice shall be furnished the plaintiff or his attorney. In no case shall the notice be dispensed with, except where it is made to appear that it is impracticable to have the notice perfected or where the case is an urgent one, in which latter event the court may, in the exercise of a sound discretion, grant the order without notice.
(d) The money arising from the sale shall be held by the officer making the same, subject to the order of the court having jurisdiction of the same."

O.C.G.A. § 9-13-164

"Whenever a tax fi. fa. is levied on property which is of a perishable nature or is liable to deteriorate in value from keeping or which is attended with expense in keeping, the same may be sold under Code Sections 9-13-163 and 9-13-164."

O.C.G.A. § 9-13-165

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


Satisfy Debt: O.C.G.A. § 9-13-60 "(a) ... plaintiff in execution may take up the debt necessary to be paid by the defendant in order to give the defendant legal title to the property by paying the debt with interest..."


O.C.G.A. § 9-13-78 "When judgments have been obtained against several persons and one of them has paid more than his just proportion of the same, he may have full power to control and use the execution as securities in execution control the same against principals or cosureties by having this payment entered on the execution issued to enforce the judgment, and he shall not be compelled to bring an action against the codebtors for the excess of payment on the judgment."

O.C.G.A. § 9-13-166 "Purchasers at judicial sales need not tender cash but, as an alternative, may tender a cashier´s or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation." Case Law: Buffington v. Sigler et al. (259 Ga. 478) (383 SE2d 876) (1989) (from lawskills.com)

O.C.G.A. § 9-13-167 "a) The purchaser shall look for himself as to the title and soundness of all property sold under judicial process.
(b) Actual fraud or misrepresentation by the officer or his agent may bind the officer personally. No covenant of warranty shall bind him individually unless made with that intention and for a valuable consideration." Case Law:
May v. Macioce. (191 Ga. App. 491) (382 SE2d 198) (1989) & Timpson et al. v. Simmons. (188 Ga. App. 793) (374 SE2d 356) (1988) (from lawskills.com)

O.C.G.A. § 9-13-168 "The purchaser at a judicial sale shall not be bound to look to the appropriation of the proceeds of the sale nor to the returns made by the officer, nor shall he be required to see that the officer has complied fully with all regulations prescribed in such cases. All such irregularities shall create questions and liabilities between the officer and the parties interested in the sale. An innocent purchaser shall be bound only to see that the officer has competent authority to sell and that he is apparently proceeding to sell under the prescribed forms." Case Law: May v. Macioce. (191 Ga. App. 491) (382 SE2d 198) (1989) (from lawskills.com)

O.C.G.A. § 9-13-169 "No note or memorandum in writing shall be necessary to charge any person at a judicial sale." Case Law: James v. Safari Enterprises, Inc. (244 Ga. App. 813) (537 SE2d 103) (2000) (from lawskills.com)

O.C.G.A. § 9-13-170 "(a) Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale when requested to do so, shall be liable for the amount of the purchase money. It shall be at the option of the sheriff or other officer either to proceed against the purchaser for the full amount of the purchase money or to resell the real or personal property and then proceed against the first purchaser for any deficiency arising from the sale.
(b) The action provided for in subsection (a) of this Code section may be brought in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or any other person in interest, as the case may be." Case Law: Timpson et al. v. Simmons. (188 Ga. App. 793) (374 SE2d 356) (1988) (from lawskills.com)

O.C.G.A. § 9-13-171 "Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale."

O.C.G.A. § 9-13-174 "If a sheriff fails to make titles to a purchaser, his successor in office may make them in the same manner as if he had sold the property."

O.C.G.A. § 9-13-175 "When any sheriff or other officer sells any real estate or present interest in land by virtue of and under any execution or otherwise, it shall be his duty, upon application, to place the purchaser or his agent or attorney in possession of the real estate. To this end, the officer may dispossess the defendant, his heirs, his tenants, or his lessees, vendees, or assignees since the judgment. However, he may not dispossess other persons claiming under an independent title."

O.C.G.A. § 9-13-176 "If the purchaser of real estate at sheriff´s and other sales under execution fails to make application for possession thereof until the next term of the superior court after the sale has taken place or until the officer making the sale has gone out of office, the possession may be obtained only under an order of the superior court."

O.C.G.A. § 9-13-177 "The purchaser at a judicial sale may enforce any covenants of warranty running with the land which are incorporated in the previous title deeds."

Promissory Note: "A judgment creates no lien upon promissory notes in the hands of the defendant."

O.C.G.A. § 9-12-91

"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."

O.C.G.A. § 9-12-92

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