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2018 Georgia Code 15-10-47 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-10-47 Case Law from Google Scholar Amendments to OCGA 15-10-47

TITLE 15 COURTS

Section 10. Magistrate Courts, 15-10-1 through 15-10-263.

ARTICLE 3 CIVIL PROCEEDINGS

15-10-47. Effect, recordation, execution, and enforcement of money judgments; fee for recordation.

  1. Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts.
  2. Upon the issuance of any execution by the magistrate court, the clerk of the magistrate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The fee of the clerk of superior court for recording the execution on the general execution docket shall be charged and collected by the magistrate court contemporaneously with or prior to the issuance of the execution but not before the entry of judgment in the action; and such fee shall be transmitted by the clerk of magistrate court to the clerk of superior court together with the copy of the execution. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court, without the necessity of any action by the plaintiff in fi. fa.

(Code 1981, §15-10-47, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 7; Ga. L. 1986, p. 701, § 4; Ga. L. 1987, p. 320, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former law and former Code Section 15-10-100 are included in the annotations for this Code section.

Judgment cannot be enforced by execution until entered on docket. Nashville, C. & St. L. Ry. v. Brown, 3 Ga. App. 561, 60 S.E. 319 (1908) (decided under former law).

Oral announcement in open court is a nullity. Duke v. State, 13 Ga. App. 708, 79 S.E. 861 (1913) (decided under former law).

Judgment need not show all jurisdictional facts on the judgment's face. Hamilton v. Moreland, 15 Ga. 343 (1854); Johnson v. Ware, 14 Ga. App. 380, 80 S.E. 909 (1914) (decided under former law).

Execution is presumed to follow judgment. Freeman v. Binswanger, 57 Ga. 159 (1876) (decided under former law).

Priority of judgments.

- Judgment in justice of the peace court signed before judgment in superior court is entitled to priority. Johnson v. Mitchell, 17 Ga. 593 (1855) (decided under former law).

Justice of the peace cannot set aside a judgment. Fontaine v. Bergen, 55 Ga. 410 (1875); Mills v. Bell, 136 Ga. 687, 71 S.E. 1120 (1911) (decided under former law).

Justice of the peace cannot dismiss case because plaintiff does not appear if the justice of the peace has in hand note for suit and collection. Hitch v. Lambright, 66 Ga. 228 (1880) (decided under former law).

Sale and backing are done where defendant resides. Denton Bros. v. Hannah, 12 Ga. App. 494, 77 S.E. 672 (1913) (decided under former law).

When backing not required.

- No backing is required when levy is made outside of the districts if judgment was rendered and the defendant resides on property in the officer's bailiwick. Lewis v. Wall, 70 Ga. 646 (1883) (decided under former law).

Endorsement by justice of the peace of the justice's signature on execution is sufficient. Dickson v. Burwell, 113 Ga. 93, 38 S.E. 319 (1901); Wilcher v. Pool & Gunn, 121 Ga. 305, 48 S.E. 956 (1904) (decided under former law).

Backing of fieri facias is not necessary before summons of garnishment can issue. Atlanta & W.P.R.R. v. Farmers' Exch., 6 Ga. App. 405, 65 S.E. 165 (1909) (decided under former law).

Presumption of entry.

- An entry of "no property found" made on an execution before it is backed will be presumed to have been made where the judgment was rendered. Hollingsworth v. Dickey, 24 Ga. 434 (1858) (decided under former law).

Involuntary payment, as well as voluntary, gives security right to control the judgment and execution. Ezzard v. Bell, 100 Ga. 150, 28 S.E. 28 (1897) (decided under former law).

Cited in Formby v. Shackleford, 94 Ga. 670, 21 S.E. 711 (1894); Virdin v. Garland, 147 Ga. 14, 92 S.E. 647 (1917); Cook v. Flanders, 164 Ga. 279, 138 S.E. 212 (1927); Gray v. Riley, 47 Ga. App. 348, 170 S.E. 537 (1933); Beacham v. Cullens, 194 Ga. 739, 22 S.E.2d 508 (1942).

OPINIONS OF THE ATTORNEY GENERAL

Writs of fieri facias may be directed to constables.

- Writs of fieri facias issued by the magistrate court may be directed to the constables of that court and, in executing these writs, constables may conduct judicial sales of personal property. 1984 Op. Att'y Gen. No. U84-36.

Cases Citing Georgia Code 15-10-47 From Courtlistener.com

Total Results: 1

Perdue v. Baker

Court: Supreme Court of Georgia | Date Filed: 2003-09-04

Citation: 586 S.E.2d 606, 277 Ga. 1, 2003 Fulton County D. Rep. 2700, 2003 Ga. LEXIS 700

Snippet: I. [45] OCGA § 45-15-3(5). [46] OCGA § 45-15-10. [47] OCGA § 45-15-3(6). [48] OCGA § 45-15-12. [49]