Georgia Civil Process.org 

(FKA Georgia Civil Process Association, Inc.)

   Georgia Law Enforcement Links    ►◄ Home Page ►◄ Index & Searching Page

Join our Yahoo Discussion Group to discuss Civil Process & Court Security topics. Go to the link below for details: http://groups.yahoo.com/group/georgiacivilprocess/

Disclaimer: Sites are provided for information & research only. Use these sites at your own risk!

This is not legal advice & is not necessarily accurate or complete. Consult an Attorney on all legal matters!

FusionBot.com Provides the "Site Search" Below:

 

Your Oath of Office and Your Duties & Responsibilities as Either a Georgia Sheriff or as a Deputy Sheriff;

Sheriffs' Fees; Clerk of Court Fees


Fees, Sheriff:

O.C.G.A. § 15-16-21.

O.C.G.A. § 15-13-30. Fees not generally charged to state; exceptions

"None of the fees which clerks of the superior courts, sheriffs, deputy sheriffs, bailiffs, magistrates, or constables are entitled to charge and collect for the performance of their official duties shall be charged to the state for failure to collect from the person charged unless it has been otherwise expressly declared by law or unless the nature of the fees is such that they must necessarily be so paid by the state."

O.C.G.A. § 15-13-31 (2011). Receipt for fees to be given; forfeiture [Title 15. Courts, Chapter 13. Officers of Court Generally , Article 2. Fees]

Every public official mentioned in Code Section 15-13-30, his deputy, or his agent shall, when required, give a statement of the fees demanded and a receipt for the same to any person paying any lawful or pretended fees of office, on pain of forfeiting $10.00 for every such neglect or refusal, to be demanded in court within 12 months and recovered by the person paying the fees and making the demand.

O.C.G.A. § 15-13-32 (2011). Forfeiture for excessive fees [Receipt for fees to be given; forfeiture [Title 15. Courts, Chapter 13. Officers of Court Generally , Article 2. Fees]

If a public official mentioned in Code Section 15-13-30 takes or demands any greater fee than the law allows or a fee for services not performed, he shall forfeit $50.00, to be demanded in court and recovered as prescribed in Code Section 15-13-31.

O.C.G.A. § 15-13-33 (2011). Table of fees to be kept; forfeiture [Title 15. Courts, Chapter 13. Officers of Court Generally , Article 2. Fees]

(a) Every public official must constantly keep in a conspicuous place in his office or the place where he usually executes the business thereof a table of his fees in fair words and figures. On failure to do so, he shall forfeit $1.00 per day for every day he so neglects, to be recovered at the action of any informer. The informer shall be entitled to keep the entire recovery.

(b) Every public official who keeps in a conspicuous place in his office or the place where he usually executes the business thereof a copy of this Code shall be held and construed to have complied with the requirements of this Code section.

O.C.G.A. § 15-13-34 (2011). Treble costs against plaintiffs [Title 15. Courts, Chapter 13. Officers of Court Generally , Article 2. Fees]

When an action based on Code Sections 15-13-30 through 15-13-33 is brought against a public official and a judgment is rendered in favor of the official, the person who brought the action shall pay three times the ordinary costs.

O.C.G.A. § 15-13-31. Receipt for fees to be given; forfeiture

O.C.G.A. § 15-13-32. Forfeiture for excessive fees

O.C.G.A. § 15-13-33. Table of fees to be kept; forfeiture [must post fees in a conspicuous place]


Fees, Clerks of Various Courts:

 


Actual Oath of Office for Sheriff & Deputy Sheriff:

O.C.G.A. § 15-16-4 (2011). Oath of Office [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General provisions]

"I do swear that I will faithfully execute all writs, warrants, precepts, and processes directed to me as sheriff of this county, or which are directed to all sheriffs of this state, or to any other sheriff specially, which I can lawfully execute, and true returns make, and in all things well and truly, without malice or partiality, perform the duties of the office of sheriff of County, during my continuance therein, and take only my lawful fees. So help me God.".


Violation of Oath of Office:

O.C.G.A. § 15-16-4.1 (2011). Actions in violation of oath Title 15. Courts, Chapter 16. Sheriffs, Article 1. General provisions


Additional Oath Required:

O.C.G.A. § 45-3-1 (2011). Oaths required in addition to oath of office and constitutional oath [Title 45. Public Officers and Employees, Chapter 3. Official Oaths and Commissions, Article 1. Official Oaths]

"I do further swear that I am not the holder of any unaccounted for public money due this State or any political subdivision or governmental authority thereof, and I will faithfully perform and discharge the duties of my position conscientiously and in all things well and truly without malice or partiality perform the duties of the office of Sheriff [Deputy Sheriff] of_________ County, so help me God."


Contempt of Court, In General, Two Kinds:

Criminal - Maximum Fine of $500.00 and/or 20 Days in Jail! The Standard of Proof of Criminal Contempt is "beyond a reasonable doubt."

Civil - Unlimited. The Standard of Proof of Civil Contempt is "a preponderance of the evidence."

If you would like to read a fairly easy to understand paper on the subject, see "Contempt of Court, A Continuing Judicial Education Topic" by the Honorable Charles B. Mikell, Jr, (Judge, Court of Appeals of Georgia) Superior Court Judges' Conference, Augusta, Georgia, January 18, 2006. It can be accessed at the following internet link:

http://www.caught.net/prose/ContemptofCourt.pdf

O.C.G.A. § 45-8-2 (2011). Bonds -- Requirement of officers holding state funds; requirement of additional bond or security; declaring office vacant upon failure to give additional security; reduction of bonds; substitution of new bonds [Title 45. Public Officers and Employees, Chapter 8. Accounting for Public Funds]

O.C.G.A. § 15-1-3 (2011). Powers of Courts Generally [Title. 15, Courts, Chapter 1. General Provisions]

O.C.G.A. § 15-1-4(a) (2011). Extent of Contempt Power; when jury trail required; bond; appeal; violation of alimony or child support order [Title. 15, Courts, Chapter 1. General Provisions].

O.C.G.A. § 5-6-13(a),(b) (2011). Granting of supersedeas in cases of contempt [Title 5. Appeal and Error, Chapter 6. Certiorari and Appeals to Appellate Courts Generally, Article 1. General Provisions]

O.C.G.A. § 15-6-8(5) (2011). Jurisdiction and powers of superior courts [Title 15. Courts, Chapter 6. Superior Courts, Article 1. General Provisions]

O.C.G.A. § 15-9-34(2011). Contempt Powers [[Title 15. Courts, Chapter 9. Probate Courts, Article 2. Jurisdiction, Power, and Duties]

O.C.G.A. § 15-10-50(2011). Propounding of interrogatories to judgment debtor; form; contempt; authorized discovery procedures [Title 15. Courts, Chapter 10. Magistrate Courts, Article 3. Civil Proceedings]

 

O.C.G.A. § 15-11-5(2011). Contempt Powers of Juvenile Court [Title 15. Courts, Chapter 11. Juvenile Courts, Article 1. Juvenile Proceedings, Part 1. General Provisions]

O.C.G.A. § 17-6-94(2011).Violation of Bond; Contempt of Court [Title 17. Criminal Procedure, Chapter 6. Bonds and Recognizances, Article 4. Bonds for Good Behavior and to Keep the Peace, Part 1. Bonds for Good Behavior]

O.C.G.A. § 19-6-28 (2011). Enforcement of Orders; Contempt; Service of Rule Nisi by Mail; Rule Nisi Form [Title 19. Domestic Relations, Chapter 6. Alimony and Child Support, Article 1. General Provisions]

O.C.G.A. § 24-5-507 (2011). (Effective January 1, 2013) Grant of Immunity; Contempt [Title 24. Evidence, Chapter5. Privileges]

O.C.G.A. § 24-9-28 (2011). (Effective Until January 1, 2013) Grant of Immunity; Refusal to Testify Treated As Contempt [[Title 24. Evidence, Chapter 9. Witness Generally, Article 2. Privilege, Part 1. General Provision]

O.C.G.A. § 44-6-168 (2011). Commissioners' Return; Distribution of Proceeds; Liability of Commissioners for Moneys Received; Contempt [Title 44. Property, Chapter 6 Estates, Article 7. Tenancy in Common, Part 2. Partition, Subpart 2. Statutory Partition]

O.C.G.A. § 45-8-23 (2011). Authority to Issue Subpoenas; Punishment for Contempt for Refusal to Obey [Title 45. Public Officers and Employees, Chapter 8. Accounting for Public Funds]

1983 Ga. Const., Art. 1, Sec. 2, Par. 4.

"The power of the courts to punish for contempt shall be

limited by legislative acts."

1983 Ga. Const., Art. 6, Sec. 1, Par. 4.

"Each court may exercise such powers as necessary in aid of its

jurisdiction or to protect or effectuate its judgments . . . ."


Sheriffs:

Specific Code Section Applicable to Sheriffs can be found in Title 15, Chapter 16, Article 1 thru Article 3 (O.C.G.A. § 15-16-1 thru 15-16-59).


Oath of Office Code Sections Applicable to Sheriff and/or Deputy Sheriffs; and/or Marshal and/or Deputy Marshals; and/or Constable and/or Deputy Constables; and/or ex-Officio Sheriff and/or Deputy ex-Officio Sheriffs:

 


Oaths of deputies:

O.C.G.A. § 45-3-7.

All Deputy Sheriffs are required to take an Oath of Office before carrying out their duties. A deputy sheriff may take his oath before the sheriff.

It is a crime (Felony) to violate the terms of your Oath of Office, punishable by up to five (5) years in prison. O.C.G.A. § 16-10-1. Violation of oath by public officer.


15-13-2. Liability of sheriffs to damage action or contempt attachment:

Any sheriff shall be liable to an action for damages or an attachment for contempt of court, at the option of the party, whenever it appears that the sheriff has injured the party by:

(1) Making a false return;

(2) Neglecting to arrest a defendant;

(3) Neglecting to levy on the property of the defendant;

(4) Neglecting to pay over to the plaintiff or his attorney any moneys collected by the sheriff by virtue of any fi. fa. or other legal process; or

(5) Neglecting to make a proper return of any writ, execution, or other process put into the hands of the sheriff.


O.C.G.A. § 15-10-100. Appointment of constables; compensation; chief constable:

(a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed by the county governing authority.

(b) If no provision is made for the appointment of constables the sheriff and his deputies shall perform the duties of constables.


O.C.G.A. § 15-1-3. Powers of courts generally

Every court has power:

"... (3) To compel obedience to its judgments, orders, and process and to the orders of a judge out of court in an action or proceeding therein;

(4) To control, in the furtherance of justice, the conduct of its officers and all other persons connected with a judicial proceeding before it, in every matter appertaining thereto..."


Liability of Sheriff for Official Acts:

O.C.G.A. 15-13-1. Officers of court liable to action [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

O.C.G.A. § 15-13-2. Liability of sheriffs to damage action or contempt attachment [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

(1) false return;( 3) Neglecting to levy; (4) Neglecting to pay over to the plaintiff or his attorney any moneys collected by the sheriff by virtue of any fi. fa. or other legal process; or (5) Neglecting to make a proper return of any writ, execution, or other process put into the hands of the sheriff

O.C.G.A. § 15-13-3. Demand for money collected; interest from date of demand; verified copy as evidence [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

O.C.G.A. § 15-13-4 (2011). Grant of rule nisi by court; service [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

To "be served with a copy within a reasonable time before the hearing"

O.C.G.A. § 15-13-5 (2011) Verified Answer to rule nisi; jury trial; disposition [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

O.C.G.A. § 15-13-6 (2011). When rule absolute granted without notice [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

O.C.G.A. § 15-13-8 (2011).Retired officers subject to rule of court [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

O.C.G.A. § 15-13-9 (2011). Deputy sheriffs liable to be ruled and attached; effect on sheriff [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]


Deputy sheriffs have the same liability at the Sheriff for their actions or inactions:

O.C.G.A. § 15-13-11 (2011). Rule absolute as lien on officer's property [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

Lee v. Armstrong, 49 Ga. 609 (1873)

Opinion Attorney General p. 33, 1952-9153.

The above information all deals with a Plaintiff's attempt to demand that money held by the Sheriff in a Fi. Fa. action be paid to the Plaintiff.


O.C.G.A. § 15-16-25 (2011). Liability for hire received

Where sheriffs hire property out after it has been levied upon, they are liable to the proper party for the hire received.

"Hire property out" - Allow the temporary use of the levied property by a third part.

Sheriff & Deputies Can Administer Oaths Under Certain Conditions:

O.C.G.A. § 15-16-14 (2011). Administration of Oaths [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]


Sheriff's Bond:

O.C.G.A. § 15-16-5. Required Bond [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]

O.C.G.A. § 15-16-6. Examination and approval of bond [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]

O.C.G.A. § 15-16-7. Recordation and filing of bond Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]

Deputy Sheriff's Bond:

O.C.G.A. § 15-16-23. Appointment of deputy sheriffs; bond [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]


Sheriff's and Deputies Bond:

O.C.G.A. § 45-4-24. Bond obligations on principal and surety; conditions required for existence of cause of action on bond [Title 45. Public Officers and Employees, Chapter 4. Official Bonds]

O.C.G.A. § 9-13-16. Penalty for fraudulent levy

1st Offense a misdemeanor; 2nd Offense a felony (two to four years)

O.C.G.A. § 15-16-23. Appointment of deputy sheriffs; bond

O.C.G.A. § 15-16-10. Duties; penalties; electronic storage

"(b) If any sheriff or deputy fails to comply with any provision of subsection (a) of this Code section, he shall be fined for a contempt as the clerk of the superior court is fined in similar cases. Code Section 15-6-82, as to removal, shall also apply to sheriffs."

O.C.G.A. § 15-6-82. Removal of superior court clerks; charges; trial [also applies to sheriffs and deputy sheriffs as outlined in O.C.G.A. § 15-16-10(b).]

O.C.G.A. § 15-16-18. Purchase at own sale not permitted

By sheriff or deputy or other officer discharging a similar duty or any person bidding on behalf of the sheriff, deputy or other officer. [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]

"It was the intent of the General Assembly that the office of sheriff be the basic law enforcement office of the counties of this state." Veit v. State, 182 Ga. App. 753, 357 S.E.2d 113 (1987)

O.C.G.A. § 45-11-7. Retaining compensation for legal advertisements [Title 45. Public Officers and Employees, Chapter 11. Miscellaneous Offenses concerning Public Officers and Employees]

"If any officer shall directly or indirectly demand or retain as a commission any part of the compensation allowed by law to publishers for publishing legal advertisements, he shall be guilty of extortion as defined in Code Section 45-11-5 and shall be punished as provided in that Code section."

O.C.G.A. § 45-11-6. Demanding more than legal fees for advertising [Title 45. Public Officers and Employees, Chapter 11. Miscellaneous Offenses concerning Public Officers and Employees]

"Any judge of the probate court, sheriff, coroner, clerk, marshal, or other officer who shall receive, collect, or demand other and greater fees for any legal advertising than are provided by law shall be guilty of extortion as defined in Code Section 45-11-5 and shall be punished as provided in that Code section."

Sheriff's Liability: O.C.G.A. § 9-13-167. Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable

"(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: 180 S.E. 862, 51 Ga.App. 480, Brady v. Smotherman (1935) (references numerous cases concerning over levying, excessive levying and caveat emptor ("buyer beware'").


Money Collected:

O.C.G.A. § 15-13-3. Demand for money collected; interest from demand; verified copy as evidence

O.C.G.A. § 15-13-3(a) "... If not then paid, for such neglect or refusal the officer shall be compelled to pay interest at the rate of 20 percent per annum upon the sum he has in his hands from the date of the demand,..."

O.C.G.A. § 15-16-5. Required bond (of Sheriffs).

O.C.G.A. § 15-16-6. Examination and Approval of Bond (of Sheriffs).

O.C.G.A. § 15-16-7. Recordation and filing of Bond (of Sheriffs).

O.C.G.A. § 15-16-9. Sheriff's Offices. "Sheriffs must keep their offices at the same places and on the same terms as clerks to the superior court."

O.C.G.A. § 15-16-22. Mileage Fees for Service Outside County.

O.C.G.A. § 15-16-24. Liability for misconduct of jailers

O.C.G.A. § 9-13-167. Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable

"(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: 180 S.E. 862, 51 Ga.App. 480, Brady v. Smotherman (1935) (references numerous cases concerning over levying, excessive levying and caveat emptor ("buyer beware'").

O.C.G.A. § 44-13-63. Levy or sale of exempted real property as trespass; persons entitled to recovery [Title 44. Property, Chapter 13. Exemptions From Levy and Sale, Article 1. Constitutional Exemptions, Part 3. Levy on and Sale of Exempted Real Property]

"Except as provided in Code Section 44-13-60, any officer knowingly levying on or selling property made exempt from sale shall be guilty of trespass; and any person allowed such exemption may recover for such trespass for their exclusive use."


 

Sheriff!

O.C.G.A. § 15-13-3. Demand for money collected; interest from date of demand; verified copy as evidence.

(a) If any sheriff, coroner, magistrate, constable, clerk of the superior court, or attorney at law fails, upon application, to pay to the proper person or his attorney any money he may have in his hands which he may have collected by virtue of his office, the party entitled thereto or his attorney may serve such officer with a written demand for the same. If not then paid, for such neglect or refusal the officer shall be compelled to pay interest at the rate of 20 percent per annum upon the sum he has in his hands from the date of the demand, unless good cause is shown to the contrary.

O.C.G.A. § 44-2-45. Fraud or false entries by sheriffs and deputies; penalties [Title 44. Property chapter 2. Recordation and Registration of Deeds and Other Instruments Article 2. Land Registration Part 1. In General]

O.C.G.A. § 15-16-23. Appointment of deputy sheriffs; bond [Title 15. Courts Chapter 16. Sheriffs Article 1. General Provisions]

O.C.G.A. § 48-4-3. Duties of levying officers

O.C.G.A. § 48-2-81. Duties of law enforcement officers and tax officials as to collecting taxes and prosecuting violators; payment of portion of fines to informants.

O.C.G.A. § 45-11-1. Offenses involving public records, documents and other items. [A felony with a punishment of two (2) to ten (10) years!].

Steal, embezzle, alter, corrupt, withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract

O.C.G.A. § 44-12-158. Fees and costs when $100.00 or less is involved [Title 44. Property, Chapter 12. Rights in Personalty Article 4. Trover, Part 1. In General]

O.C.G.A. 45-16-8. Service of process when sheriff disqualified. {If sheriff or his deputy refuses to execute writ or other process, then clerk of court can send process to Coroner for service. See code for other reasons to send papers to Coroner} [Title 45, Public Officers ans employees, Chapter 16. Coroners, Article 1. General Provisions]

If any sheriff or other officer fails to make a proper return of all writs, executions, and other processes put into his hands or fails to pay over all moneys received on such executions on his being required to do so by the court, he shall be liable for contempt and may be fined, imprisoned, or removed from office in the manner prescribed by the Constitution and laws of this state. O.C.G.A. § 15-13-14. Punishment for improper return or failure to pay over money received

O.C.G.A. § 48-4-3. Duties of levying officers [Title 48. Revenue and Taxation, Chapter 4. Tax Sales, Article 1. Sales Under Tax Executions]

Has consequences for the constable or other levying officer who fails to comply with this code section!

O.C.G.A. § 21-2-8(2011). Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent [Title 21. Elections, Chapter 2. Elections and Primaries Generally, Article 1. General Provisions]

O.C.G.A. § 9-13-98. When and where claim, levy, and execution to be returned

When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies."


Sheriff's Liability:

O.C.G.A. § 9-13-167. Purchaser to ascertain title and condition; under what conditions officer personally liable

Read Statue!


Sheriff's Office to be Located at same place and on same terms as Clerks of Superior Court:

O.C.G.A. § 15-16-9; O.C.G.A. § 15-16-93


Courthouse to Remain Open During Normal Working Hours:

O.C.G.A. § 16-1-12


Sovereign Immunity of Sheriff + Procedures & Discretion Under O.C.G.A. § 9-13-60 © + Negligence + Statutory Duty + Bailee Defined + Fiduciary Capacity Defined:

Seay v. Cleveland et al., 228 Ga. App. 836, 493 S.E.2d 30 (1997):

Trial Court found that the Sheriff, through his employees, had negligently performed statutory-defined administerial functions [O.C.G.A. § 9-13-60(c)].

Sheriff through his deputy, failed to satisfy superior liens on the property. He pais the proceeds of the sale directly to the plaintiff in execution after subtracting the county's cost of the sale.

There was a breach of the Sheriff's statutory duty toward the purchasers, i.e., a duty to ensure that the funds paid at the Sheriff's sale are distributed as required by statue so that the purchasers of the property, gain title free and clear of any existing superior lien. As such, the sheriff's relationship to the purchasers was imposed by statute as either a bailee or fiduciary. The code imposes this duty directly on the Sheriff's Office, as opposed to the county, and the duty runs specifically to the purchasers thereby protecting them from liability for the outstanding loans.

O.C.G.A. § 15-6-82 (2011). Removal of superior court clerks; charges; trial [Also applicable to Sheriffs per O.C.G.A. § 15-16-10(b)]

A clerk of the superior court is subject to be removed from office by the judge of the court for any sufficient cause, including incapacity or misbehavior in office. The charges must be exhibited to the court in writing, and the facts tried by a jury. The clerk shall be entitled to a copy of the charges three days before trial. [Title 15. Courts, Chapter 6. Superior Courts, Article 2. Clerks of Superior Courts]

O.C.G.A. § 44-13-108. Levy or sale of exempt property as trespass; cause of action [Title 44. Property, Chapter 13. Exemptions from Levy and Sale, Article 2. Statutory Exemptions]

"Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as required, shall be guilty of a trespass. An action may be brought therefor in the name of the wife or family of the debtor, and the recovery shall be for their exclusive use. ??? also add to oath & duty ?????


State & Federal Laws re: Public Employees:

State Laws and Federal Laws cover public employees and allow public employees to be sued as individuals. Some examples are:

42 U.S.S. § 1983. Violations of the United States Constitution

Georgia Tort Laws. Assault, Battery, Fraud and Intentional Misconduct

Negligence. Breach of a duty owed to a third party.

Many other Federal and state statues and common laws allow public employees to be sued as individuals

Here are some examples of damages that you can be sued as an individual:

Compensatory Damages such as pain and suffering, etc.

Economic Damages such as wages, lost income, lost business/professional opportunities

Punitive Damages

Costs and Expenses of Litigation

Attorney Fees

Even if you win a case against you, you still loose! Your legal expenses can run from the tens of thousands of dollars to hundreds of thousand of dollars

You can usually avoid being sued by following your Department's policies, being honest, and carrying out your duties in a professional manner. Follow the laws of Georgia and the United States. Be polite even when you are being verbally berated for doing your job.

O.C.G.A. § 9-13-94. Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable

"(a) In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution. However, it shall not be lawful to require or take a forthcoming bond for real estate.

(b) When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance of the same."

O.C.G.A. § 9-13-93. Postponement of sale

"When affidavit and bond have been made and delivered as required in Code Sections 9-13-90 and 9-13-91, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered."

O.C.G.A. § 9-13-96. When plaintiff in execution may give forthcoming bond

If the claimant to personal property levied on is unable to give a forthcoming bond, it shall be the privilege of the plaintiff in execution to give the bond, to be approved by the levying officer, and, upon the bond being given and approved, it shall be the duty of the levying officer to deliver the property to the plaintiff. However, in no event shall the plaintiff be allowed any compensation for keeping the property."

O.C.G.A. § 9-13-98. When and where claim, levy, and execution to be returned

When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies."

Recap of O.C.G.A.'s on this page (NOT All Inclusive):

9-13-16. Penalty for fraudulent levy

O.C.G.A. § 9-13-93. Postponement of sale

"When affidavit and bond have been made and delivered as required in Code Sections 9-13-90 and 9-13-91, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered."

O.C.G.A. § 9-13-94. Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable

O.C.G.A. § 9-13-96. When plaintiff in execution may give forthcoming bond

If the claimant to personal property levied on is unable to give a forthcoming bond, it shall be the privilege of the plaintiff in execution to give the bond, to be approved by the levying officer, and, upon the bond being given and approved, it shall be the duty of the levying officer to deliver the property to the plaintiff. However, in no event shall the plaintiff be allowed any compensation for keeping the property."

O.C.G.A. § 9-13-98. When and where claim, levy, and execution to be returned

When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies."

§ 9-13-167. Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable

15-13-1. Officers of court liable to action [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-2. Liability of sheriffs to damage action or contempt attachment [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-3. Demand for money collected; interest from date of demand; verified copy as evidence [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-4 (2011). Grant of rule nisi by court; service [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-5 (2011) Verified Answer to rule nisi; jury trial; disposition [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-6 (2011). When rule absolute granted without notice [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-8 (2011).Retired officers subject to rule of court [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-9 (2011). Deputy sheriffs liable to be ruled and attached; effect on sheriff [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts]

15-13-11 (2011). Rule absolute as lien on officer's property [Title 15. Courts, Chapter 13. Officers of Court Generally, Article 1. Liability for Official Acts

15-13-14. Punishment for improper return or failure to pay over money received

15-13-30. Fees not generally charged to state; exceptions

15-13-31. Receipt for fees to be given; forfeiture

15-13-32. Forfeiture for excessive fees

15-13-33. Table of fees to be kept; forfeiture [must post fees in a conspicuous place]

15-16-1 thru 15-16-59.

15-16-4 Oath of Office.

15-16-5. Required Bond [of Sheriffs] [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions ]

15-16-6. Examination and Approval of Bond (of Sheriffs) [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions].

15-16-7. Recordation and filing of Bond (of Sheriffs)[Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions].

15-16-9. Sheriff's Offices. "Sheriffs must keep their offices at the same places and on the same terms as clerks to the superior court."

15-16-10. Duties; penalties; electronic storage

15-16-14 (2011). Administration of Oaths [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]

15-16-18. Purchase at own sale not permitted

15-16-22. Mileage Fees for Service Outside County.

15-16-23. Appointment of deputy sheriffs; bond [Title 15. Courts, Chapter 16. Sheriffs, Article 1. General Provisions]

15-16-24. Liability for misconduct of jailers

15-16-25 (2011). Liability for hire received

15-6-82. Removal of superior court clerks; charges; trial [also applies to sheriffs and deputy sheriffs as outlined in O.C.G.A. § 15-16-10(b).]

21-2-8(2011). Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent [Title 21. Elections, Chapter 2. Elections and Primaries Generally, Article 1. General Provisions]

44-2-45. Fraud or false entries by sheriffs and deputies; penalties [Title 44. Property chapter 2. Recordation and Registration of Deeds and Other Instruments Article 2. Land Registration Part 1. In General]

44-12-158. Fees and costs when $100.00 or less is involved [Title 44. Property, Chapter 12. Rights in Personalty Article 4. Trover, Part 1. In General]

44-13-63. Levy or sale of exempted real property as trespass; persons entitled to recovery [Title 44. Property, Chapter 13. Exemptions From Levy and Sale, Article 1. Constitutional Exemptions, Part 3. Levy on and Sale of Exempted Real Property]

45-3-1. Oaths required in addition to oath of office and constitutional oath.

45-3-7. Oaths of Deputies.

45-4-24. Bond obligations on principal and surety; conditions required for existence of cause of action on bond [Title 45. Public Officers and Employees, Chapter 4. Official Bonds]

45-11-1. Offenses involving public records, documents and other items. [A felony with a punishment of two (2) to ten (10) years!].

45-11-6. Demanding more than legal fees for advertising [Title 45. Public Officers and Employees, Chapter 11. Miscellaneous Offenses concerning Public Officers and Employees]

45-11-7. Retaining compensation for legal advertisements [Title 45. Public Officers and Employees, Chapter 11. Miscellaneous Offenses concerning Public Officers and Employees]

45-16-8. Service of process when sheriff disqualified.[Title 45, Public Officers ans employees, Chapter 16. Coroners, Article 1. General Provisions]

48-2-81. Duties of law enforcement officers and tax officials as to collecting taxes and prosecuting violators; payment of portion of fines to informants.

48-4-3. Duties of levying officers [Title 48. Revenue and Taxation, Chapter 4. Tax Sales, Article 1. Sales Under Tax Executions]

O.C.G.A. § 45-2-1. Persons ineligible to hold civil office; vacation of office; validity of acts performed while in office [Title 45. Public Officers and Employees, Chapter 2. Eligibility and Qualifications For Office, Article 1. General Provisions]

O.C.G.A. § 9-11-5. Service and filing of pleadings subsequent to the original complaint and other papers


Attachment:

Sheriff has the duty to have the entry of attachment on real estate entered upon the attachment docket by the clerk within five days. O.C.G.A. § 18-3-75. Entry on attachment docket; effect of failure to make such entry [Title 18. Debtor and Creditor, Chapter 3. Attachment Proceedings, Article 4. Judgment, Execution, and Levy].

O.C.G.A. § 44-2-42. Performance of clerk's and sheriff's duties by deputies; liability

Superior Court Uniform Rule, Rule 36.11. Return of Service - Civil "Entry of Service shall be made by the sheriff or other authorized persons on a form provided by the clerk and filed with the clerk."

O.C.G.A. § 44-2-45. Fraud or False Returns by Sheriffs and deputies; penalties

O.C.G.A. § 44-2-71. Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice.

O.C.G.A. § 15-16-4.1. Actions in violation of oath

O.C.G.A. § 45-3-1. Oaths required in addition to oath of office and constitutional oath

 

O.C.G.A. § 45-3-2. Form and subscription of oath

O.C.G.A. § 45-3-3. Officer authorized to administer oaths; oaths to be written, subscribed, and dated

O.C.G.A. § 45-3-4. Filing of oaths -- Generally

O.C.G.A. § 45-3-5. Filing of oaths -- County officers

O.C.G.A. § 45-3-6. Filing of oaths -- Endorsement of filing time

O.C.G.A. § 45-3-7. Oaths of deputies

O.C.G.A. § 45-3-8. Effect of failure to take and file oath generally

O.C.G.A. 45-3-9. Entry into duties of office without oath

A misdemeanor!

O.C.G.A. § 15-1-4(a)(2) &(3). Judge can hold someone in contempt for "Misbehavior of any of the officers of the courts in their official transaction;" "Disobedience or resistance by any officer of the courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree, or command of the courts."

Case Law: In Re William E. Smith, Sheriff, 211 Ga. App. 493, 439 S.E.2d 725 (1993):

"The scope of 9-11-58 (b)appears to have been extended by implication beyond ‘judgements" to include orders of any kind. See, e.g. Bloodworth v. Thompson, 230 Ga. 628, 198 SE2d 293 (1973)..."

"... However, sheriffs are officers of the court. Lynd v. State, 262 Ga. 58, 64 (10), 414 SE2d 5 (1992). The contempt powers of ‘[m]isbehavior of any of the officers of the courts in their official transactions' pursuant to subsection (a)(2) of O.C.G.A. § 15-1-4."


Terms of Various Courts:

O.C.G.A. § 15-6-3 (2011). Terms of court [Superior Court] [Title 15. Courts, Chapter 6. Superior Courts, Article 1. General Provisions]

O.C.G.A. § 15-6-19 (2011). § 15-6-19. Length of terms of courts [Superior and State Courts] [Title 15. Courts, Chapter 6. Superior Courts, Article 1. General Provisions]

O.C.G.A. § 15-6-19 (2011). Length of terms of courts [Title 15. Courts, Chapter 6. Superior Courts, Article 1. General Provisions]

O.C.G.A. § 15-6-20 (2011). Special terms [Title 15. Courts, Chapter 6. Superior Courts, Article 1. General Provisions]

O.C.G.A. § § 15-7-40 (2011). State courts always open; regular terms of court [Title 15. Courts, Chapter 7. State Courts of Counties, Article 3. Practice and Procedure\]

The term of a court is the legally prescribed period for which it may be in session. Although the session of the court is the time that it actually sits, the words term and session are frequently used interchangeably.

In reference to a lease, a term is the period granted during which the lessee is entitled to occupy the rented premises. It does not include the period of time between the creation of the lease and the entry of the tenant. Similarly when used in reference to estates, the term is the period of time for which an estate is granted. An estate for five years, for example, is one with a five-year term.

A term of office is the time during which an official who has been appointed or elected may hold the office, perform its functions, and partake of its emoluments and privileges.

Importance ?????/


Duty of Sheriff/Deputy Sheriff:

O.C.G.A. § 9-13-129. Property subject to other executions; retention of sale proceeds to satisfy first execution; release of bond pro tanto [Title 9. Civil Practice, Chapter 13. Execution and Judicial Sales, Article 6. Illegality](Lawyer Stuff!).

"When an execution has been levied on property and an affidavit of illegality has been filed to stay proceedings thereon, the property so levied on shall be subject to levy and sale under other executions. The officer making the first levy shall claim, receive, hold, and retain the amount of the proceeds of the sale as the court deems sufficient to pay the execution first levied, including interest up to the time of the court at which the illegality shall be determined. Any bond given by the defendant on filing the affidavit shall be released and discharged so far as relates to the property sold."

"An affidavit of illegality also applies to a Fi. Fa. issued on a foreclosure of personality (O.C.G.A. § 44-14-230 thru O.C.G.A. § 44-14-237).

Riviera Equip., Inc. v. Omega Equip. Corp., 147 Ga. App. 412, 249 S.E.2d 133 (1978).

The levying officer has a duty to return the Fi. Fa., Affidavit of Illegality and bond to the next term of court by filing the three documents with the appropriate clerk of court.

Padgett v. Waters, 4 Ga. App. 306, 61 S.E. 293 (1908).

The levying officer should verify that the documents are valid


Duty of Deputy & Constitutional Exemptions:

O.C.G.A. § 44-13-41 (2011). Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor [Title 44. Property, Chapter 13. Exemptions From Levy and Sale, Article 1. Constitutional Exemptions, Part 2. Waiver of Exemptions]

"In case of a waiver and the levy of an execution, the debtor may select and set apart $300.00 worth of household and kitchen furniture and provisions as free from levy and sale. If, when such selection is made, the plaintiff in fi. fa. shall be of the opinion that said property is of greater value than $300.00, he may indemnify the levying officer and require him to proceed with the levy upon some part of the property or all if it be incapable of division. It shall then be the right of the debtor to make and deliver to the levying officer an affidavit stating substantially that the property selected is not of greater value than $300.00. The levy and affidavit shall be returned to the next term of the superior court of the county of the residence of the debtor and shall be tried as cases of illegality, the only issue being the value of the property selected. The jury may find generally for the defendant in fi. fa., in which case the levy shall be dismissed, or may find specifically what portion of the property is of the value of $300.00, which portion shall be exempted, and the balance shall be sold; provided, however, that the jury or other tribunal trying the issue made by the levy and affidavit may assess damages, not exceeding 25 percent of the value of the property levied upon, against the plaintiff in execution for any levy made not in good faith for the collection of the execution but for the purpose of harassing the debtor."


Duty of Sheriff:

It is the duty of the sheriff to maintain custody over the property levied. He may deposit it with a bailee, agent or the defendant if he desires, but he does so at his own peril.

James v. Pepper, 10 Ga. App. 266, 73 S.E. 407 (1911);

Cape Fear Steamboat Co. V. Bartholomess, 67 Ga. 452 (1881).

If the bailee fails to produce the property on demand by the Sheriff or if the bailee converts the property to his own use, the Sheriff may proceed by a trover action.

James v. Pepper, 10 Ga. App. 655, 157 S.E. 117 (1931).

Duty of Sheriff or Other Executing Officer:

O.C.G.A. § 9-13-124. Affidavit of illegality -- When received [Title 9. Civil Practice, Chapter 13. Executions and Judicial Sales, Article 6. Illegality]

"No affidavit of illegality shall be received by any sheriff or other executing officer until a levy has been made."

Duty of Levying Officer:

Suspend further proceedings

 

Return the Fi. Fa., Affidavit of Illegality and Forthcoming Bond (if any) to the next term of court by filing in with clerk of court from where the Fi. Fa. was issued

O.C.G.A. § 9-13-94. Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable

"(a) In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution.

However, it shall not be lawful to require or take a forthcoming bond for real estate.

(b) When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance of the same."

O.C.G.A. § 9-13-96. When plaintiff in execution may give forthcoming bond

If the claimant to personal property levied on is unable to give a forthcoming bond, it shall be the privilege of the plaintiff in execution to give the bond, to be approved by the levying officer, and, upon the bond being given and approved, it shall be the duty of the levying officer to deliver the property to the plaintiff. However, in no event shall the plaintiff be allowed any compensation for keeping the property."


Postponement of Sale:

O.C.G.A. § 9-13-93. Postponement of sale

"When affidavit and bond have been made and delivered as required in Code Sections 9-13-90 and 9-13-91, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered."


Return to Court:

O.C.G.A. § 9-13-98. When and where claim, levy, and execution to be returned

When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies."

If the Sheriff fails to comply with O.C.G.A. § 9-13-98, he may be compelled to comply by rule.

Brannon v. Barnes, 111 Ga. 850, 36 S.E. 689 (1900)

Cattle v. Dodson, 25 Ga. 633 (1858)

O.C.G.A. § 9-13-14 (2011). Bonds taken by executing officers valid; rights of plaintiffs not affected [Title 9. Civil Practice, Chapter 13. Executions and Judicial Sales, Article 1. General Provisions]

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

(b) No bond taken in conformity with subsection (a) of this Code section shall in any case prejudice or affect the rights of the plaintiff in execution; the bond shall relate to and have effect solely between the officer to whom it is given and the defendant in execution. The officer shall in no case excuse himself for not having made the money on an execution by having taken the bond but shall be liable to be ruled as prescribed by law."


Duty of Officer to Place Purchaser in Possession (County Attorney Stuff!):

O.C.G.A. § 9-13-175. Duty of officer to place purchaser in possession; which persons he may dispossess

"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. § 44-13-108. Levy or sale of exempt property as trespass; cause of action [Title 44. Property, Chapter 13. Exemptions from Levy and Sale, Article 2. Statutory Exemptions]

"Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as required, shall be guilty of a trespass. An action may be brought therefor in the name of the wife or family of the debtor, and the recovery shall be for their exclusive use

O.C.G.A. § 9-6-22 (2011). Enforcement of officer's duties under Title 5 [Title 9. Civil Practice, Chapter 6. Extraordinary Writs, Article 2. Mandamus]

If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose any right by reason of the failure of the officer to discharge his duties when the party has been guilty of no fault himself and has exercised ordinary diligence to secure the discharge of such duties.

O.C.G.A. § 9-14-23 (2011). Attachment for contempt for disobedience of writ [Title 9. Civil Practice, Chapter 14. Habeas Corpus, Article 1. General Provisions]

Any person disregarding the writ of habeas corpus in any manner whatever shall be liable to attachment for contempt, issued by the judge granting the writ, under which attachment the person may be imprisoned until he complies with the legal requirements of the writ.


Duty of Deputy & Constitutional Exemptions:

O.C.G.A. § 44-13-41 (2011). Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor [Title 44. Property, Chapter 13. Exemptions From Levy and Sale, Article 1. Constitutional Exemptions, Part 2. Waiver of Exemptions]

O.C.G.A. § 44-13-108. Levy or sale of exempt property as trespass; cause of action [Title 44. Property, Chapter 13. Exemptions from Levy and Sale, Article 2. Statutory Exemptions]

"Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as required, shall be guilty of a trespass. An action may be brought therefor in the name of the wife or family of the debtor, and the recovery shall be for their exclusive use.

O.C.G.A. § 3-10-13 (2011). Duties of district attorneys as to investigation and prosecution of violations of chapter; duties of sheriffs [Title 3. Alcoholic Beverages, Chapter 10. Sale or Possession of Distilled Spirits in Dry Counties and Municipalities]

Sheriff is charged with enforcing this chapter and to cooperate with the district attorney

O.C.G.A. § 44-13-63 (2011) Levy or sale of exempted real property as trespass; persons entitled to recovery

"Except as provided in Code Section 44-13-60, any officer knowingly levying on or selling property made exempt from sale shall be guilty of trespass; and any person allowed such exemption may recover for such trespass for their exclusive use." [Title 44. Property , Chapter 13. Exemptions from Levy and Sale, Article 1. Constitutional Exemptions, Part 3. Levy on and Sale of Exempted Real Property]

O.C.G.A. § 44-2-42 (2011). Performance of clerk's and sheriff's duties by deputies; liability [Title 44. Property, Chapter 2. Recordation and Registration of Deeds and Other Instruments, Article 2. Land Registration, Part 1 in General]

"The duties required of the clerk and the sheriff by this article may be performed through their lawful deputies; but the clerk or the sheriff, as the case may be, shall be responsible for the acts of such deputies."

O.C.G.A. § 44-2-45 (2011). Fraud or false entries by sheriffs and deputies; penalties [Title 44. Property, Chapter 2. Recordation and Registration of Deeds and Other Instruments, Article 2. Land Registration, Part 1 in General]

"Any sheriff, deputy sheriff, or other person performing the duties of the office of sheriff who knowingly and fraudulently makes any false entry or return in connection with any matter arising under this article or who fraudulently conspires with any person or persons to defraud any other person or persons through this article shall be guilty of a felony and shall be removed from office and be permanently disqualified from holding any public office in this state and shall be punished by imprisonment for not less than one nor more than ten years."

O.C.G.A. § 44-2-225 (2011). Sheriff's return [Title 44. Property, Chapter 2. Recordation and Registration of Deeds and Other Instruments, Article 2. Land Registration, Part 8. Forms],

O.C.G.A. § 44-13-63 (2011) Levy or sale of exempted real property as trespass; persons entitled to recovery

"Except as provided in Code Section 44-13-60, any officer knowingly levying on or selling property made exempt from sale shall be guilty of trespass; and any person allowed such exemption may recover for such trespass for their exclusive use." [Title 44. Property , Chapter 13. Exemptions from Levy and Sale, Article 1. Constitutional Exemptions, Part 3. Levy on and Sale of Exempted Real Property]

"Any officer who knowingly levies on or sells any property of a debtor which is exempt under this article, a schedule of which shall have been returned as required, shall be guilty of a trespass. An action may be brought therefor in the name of the wife or family of the debtor, and the recovery shall be for their exclusive use.

Possible related Code Sections re: "Trespass":

O.C.G.A. § 9-5-4

O.C.G.A. § 44-13-63

O.C.G.A. § 44-13-108

O.C.G.A. § 51-9-4

O.C.G.A. § 51-9-6

O.C.G.A. § 51-10-3 (2011). Abuse or Damage to Personalty as Trespass [Title 51. Torts, Chapter 10. Injuries to Personalty]

O.C.G.A. § 51-10-4 (2011). Rights of Action of Bailee and Bailor for Trespass [Title 51. Torts, Chapter 10. Injuries to Personalty]

O.C.G.A. § 16-7-21 (2011). Criminal Trespass [Title 16. Crimes and Offenses, Chapter . Damage to and Intrusion Upon Property, Article 2. Criminal Trespass and Damage to Property, Part 1. General Provisions]