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2018 Georgia Code 15-13-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-13-11 Case Law from Google Scholar Amendments to OCGA 15-13-11

TITLE 15 COURTS

Section 13. Officers of Court Generally, 15-13-1 through 15-13-36.

ARTICLE 1 LIABILITY FOR OFFICIAL ACTS

15-13-11. Rule absolute as lien on officer's property.

When a rule absolute has been obtained against any officer for the payment of money, as provided in Code Sections 15-13-4 and 15-13-5, the rule shall constitute the same lien upon the property, both real and personal, of the officer as an ordinary judgment at law; and, if not punctually paid, the demand shall thereafter draw interest at the rate of 20 percent per annum. The plaintiff may have either an attachment or an execution issued upon the rule absolute and may have either of the processes returned and the other issued, at pleasure.

(Ga. L. 1858, p. 90, § 1; Code 1863, § 3860; Code 1868, § 3880; Code 1873, § 3956; Code 1882, § 3956; Civil Code 1895, § 4778; Civil Code 1910, § 5350; Code 1933, § 24-214.)

JUDICIAL DECISIONS

Interest provided by this section is not dependent upon demand for the money. Fite v. Black, 92 Ga. 363, 17 S.E. 349 (1893).

Judgment for costs may be set off.

- As the rule is a lien, judgment for costs may be set off against the judgment for the plaintiff for the money in the hands of the sheriff. Robertson v. Smith, 37 Ga. 604 (1868).

Return to clerk's office is sufficient; it is not necessary that levying officer shall make entry dismissing the levy. Smith v. McLendon, 59 Ga. 523 (1877).

Correct granting of both attachment and execution in court below.

- Plaintiff may have either an attachment or execution issued on the rule; when both are granted, the Supreme Court will not interfere as it is an error that will be corrected by the court below. Clement v. Bunn, 60 Ga. 334 (1878).

Cited in Aiken v. Richardson, 210 Ga. 728, 82 S.E.2d 646 (1954).

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