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
*** 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/
Ad Valorem Tax Foreclosures & Tax Sales
Advertising as Additional Cost of Execution
After the Sale Action on a Sheriff's Sale
Aircraft (Airplane) Execution (Writ of Execution) (Fi. Fa.) On
Depositions, Interrogatories & Productions of Documents
Duties of the Sheriff & His Lawful Deputies
Duty of Sheriff When Presented Tax Fi. Fa.Enter Non Resident Part of Real Property (Curtilage)
Excess Funds (Excess Proceeds)
Execution (Writ of Execution) (Fi. Fa.) On Aircraft (Airplane)
Ex-Officio Sheriffs (Tax Commissioners & Tax Collectors)
Execution, Partial Payment Against
Foreclosure of Right of Redemption
Georgia Superior Court Clerks' Cooperative Authority (GSCCCA)
Gwinnett County Tax Commissioner, Tax Lien & Tax Sale Information
Judicial Interference in Tax Levies
Liability of Sheriff and/or His Deputies
Levy, Items That You Can Levy Upon or Items That You Can Not Levy Upon
Minimum Bid, If Any, at a Newspaper
Notice of Levy to Owner of Security Deed or Mortgages
Notice to Owner of Security Deed or Mortgage
Persons Liable for Taxes on Property
Petition to Reduce Execution to Judgment
Purchaser's Responsibilities & Obligations at a
Procedures for Tax Sales of Real Property
Priority of Taxes over other claims; superiority of security deed
Selection of Property to be Levied Upon
Sheriff's Sale, After the Sale Action
Sheriff's Sale, Minimum Bid, If Any
Sheriff's Sale, Perishable Items
Sheriff's Sale, Purchaser's Responsibilities & Obligations at a
Tax Lien & Tax Sale Information, Gwinnett County Tax Commissioner
Tools of Trade (Common Tools of Trade)
Transfer of Executions (Transfer of Tax Fi. Fa.s)
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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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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O.C.G.A. § 48-4-1(b)
O.C.G.A. § 48-3-6
O.C.G.A. § 48-4-81
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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
Jefferson Insurance Company of New York v. Dunn. A96A2440. 224 (Ga. App. 732) (482 SE2d 383) (1997)
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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
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
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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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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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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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
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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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Association County Commissioners of Georgia
O.C.G.A. § 15-16-21
O.C.G.A. § 48-5-161
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O.C.G.A. § 15-6-77(f)(1)(A)(ii)
O.C.G.A. § 47-14-51(b)
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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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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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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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O.C.G.A. § 16-16-21(b)(20) & O.C.G.A. § 16-16-21(b)(21)
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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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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
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Forthcoming Bond (See Bonds Above)
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Georgia Superior Court Clerks' Cooperative Authority (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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O.C.G.A. § 9-13-161
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O.C.G.A. § 48-2-40
O.C.G.A. § 48-5-148
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O.C.G.A. § 48-3-7
O.C.G.A. § 48-3-27
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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)
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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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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
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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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O.C.G.A. § 48-4-1
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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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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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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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O.C.G.A. § 48-2-56
O.C.G.A. § 9-6-27
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O.C.G.A. § 48-4-81
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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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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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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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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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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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O.C.G.A. § 48-5-161
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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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O.C.G.A. § 15-16-10
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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
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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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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.
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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. § 9-13-169
"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. § 9-13-175
O.C.G.A. § 9-13-176
O.C.G.A. § 9-13-177
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Tax Lien Certifcates.com Tax Liens (tax deed sales) in Georgia
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O.C.G.A. § 15-6-77(f)(1)(A)(ii)
O.C.G.A. § 47-14-51
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O.C.G.A. § 15-16-21
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Tax Lien Certifcates.com Tax Liens (tax deed sales) in Georgia
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O.C.G.A. §
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Tax Sales Info, Gwinnett County Tax Commissioner
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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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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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O.C.G.A. § 9-13-8 |
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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 |
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Transfer to Third Party
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Transfer to Third Party O.C.G.A. § 9-13-35 |
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"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 |
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"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 |
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"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 |
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"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 |
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"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 |
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"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 |
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"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 |
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"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 |
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"The security paying off an execution shall have control thereof." O.C.G.A. § 9-13-77 |
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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 |
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"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 |
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"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 |
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(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 |
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"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 |
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"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 ...": |
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"What is needed to obtain a Georgia Title for a vehicle after court action?" (Sheriff's or Marshal's Sale). |
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Land Divided by a County Line O.C.G.A. § 9-13-52 |
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"To authorize a sale of personal property there shall be an actual or constructive seizure." O.C.G.A. § 9-13-55 |
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purchaser at a judicial sale shall not be required to show title deeds prior to his purchase O.C.G.A. § 9-13-178 |
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necessary for his case to show good title in the person whose interest he purchased O.C.G.A. § 9-13-178 |
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"(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. O.C.G.A. § 9-13-140 |
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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 |
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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 |
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"(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. |
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"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." |
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"(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. |
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"(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. |
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"(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. |
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" 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. " |
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"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." |
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"(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. |
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"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." |
THIS
PART BELOW IS UNDER CONSTRUCTION! 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."
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Promissory Note: "A judgment creates no lien upon promissory notes in the hands of the defendant." O.C.G.A. § 9-12-91 |
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"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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