O.C.G.A. § 18-2-85 (2019)
Transfers to charitable organizations; statute of limitations
(a) As used in this Code section, the term:
(1) “Charitable organization” means an organization which has qualified as tax-exempt under Section 501(c) (3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.
(2) “Private foundation” shall have the same meaning as set forth in 26 U.S.C. Section 509(a).
(b) A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75, and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.
(c) The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.
History
Code 1981, § 18-2-81, enacted by Ga. L. 2013, p. 1045, § 1/SB 105; Code 1981,
§ 18-2-85, as redesignated by Ga. L. 2015, p. 996, § 4A-1/SB 65.
CHAPTER 3 ATTACHMENT PROCEEDINGS Sec.
Article 1 General Provisions Sec.
Grounds for attachment. Right to seek attachment on money demands generally. Attachment prior to debt becoming due; stay of execution when debt not due before final judgment. Attachment after action commenced; effect of judgment on pending action. Attachment against administrator or executor; entry of final judgment. Attachment against joint contractors or partners. Attachment against nonresident corporations. Right of surety or endorser upon an instrument of writing to attach property of principal. Application for issuance of writ of attachment prior to judgment; contents of application; procedure. Bond requirements generally. Service of process in action against nonresident plaintiff for damages. Affidavit for attachment and execution of bond when debt due to partnership or several persons jointly. Persons who may be taken as security or surety on a bond. Procedure for contesting sufficiency of bond; requirement of additional security or new bond; failure to comply. Service of writ of attachment on defendant; notification of defendant of issuance of attachment.
Right of defendant to postseizure hearing. Issuance and levy of attachment on Sunday. Courts to which attachments returnable; applicability of rules of civil practice and procedure; filing of declaration in attachment; notice of declaration. Applicability of Chapter 10 of Title 9 subsequent to filing of declaration in attachment. Forms for attachment. Substantial compliance in matters of form sufficient. Article 2
Levy and Replevy of Property Generally
Duty of officer to whom attachment directed generally and regarding property removed from county. Levy by officer of attachments in order received; entry of time and date of levy on attachment; levy upon land and attachment entry on docket by clerk. Levy on property in a different county. Replevy of property by defendant generally upon payment of bond; amount of bond; return of property by officer taking bond; right of plaintiff to entry of judgment upon bond. Replevy of property of foreign corporation upon payment of bond; return of bond by levying officer; right of plaintiff to entry of judgment on bond. Article 3 Third-party Claims
Procedure generally.
Sec.
DEBTOR AND CREDITOR Article 4 Delivery of property to claimant upon payment of bond; return of affidavit and bond by levying officer. Trial of claim. Proceedings upon failure of claimant to deliver property pursuant to conditions of bond. Liability of claimant and surety on bond for hire or use of property where plaintiff’s debt unsatisfied. Interposition of claim before or after judgment.
Annotations
Cross references. Executions and judicial sales, T. 9, C. 13. Attachment of goods covered by negotiable document of title, § 11-7-602. Issuance of writ of ne exeat to restrain person from leaving jurisdiction of state, § 23-3-20 et seq. Jeopardy assessments by state revenue commissioner in situations where taxpayer gives evidence of intention to leave state, to remove property from state, or other actions to avoid collection of state tax, § 48-2-51. Attachment of property by state revenue commissioner, § 48-2-55.
Judgment, Execution, and Levy Sec.
Property bound by judgment in attachment. Setting aside judgment. Execution and levy on judgment. Application of proceeds of sale. When lien arises; priorities. Entry on attachment docket; effect of failure to make such entry.
Law reviews. For note discussing implications for other postjudgment collection devices of developments in postjudgment garnishment law in Georgia, see 12 Ga. L. Rev. 60 (1977). For article critically analyzing the various elements constitutionally required for prejudgment seizure of a debtor’s property, focusing on § 9-503 of the U.C.C., see 28 Mercer L. Rev. 665 (1977). For note discussing constitutional issues affecting attachment procedures, see 12 Ga. L. Rev. 814 (1978).
JUDICIAL DECISIONS For discussion of constitutionality of attachment proceeding prior to 1980 revision. - See Kitson v. Hawke,
231 Ga. 157, 200 S.E.2d 703, 1973 Ga. LEXIS 617 (1973).
RESEARCH REFERENCES Am. Jur. Proof of Facts. Wrongful Attachment, 36 POF2d 149. ALR. Exemption from attachment or execution of property brought by nonresident witness or litigant who comes into state in connection with the litigation, 13 A.L.R. 368. Attachment in alienation of affections
or criminal conversation case, 67 A.L.R.2d 527. Necessity and sufficiency, in order to toll statute of limitations as to debt, of statement of amount of debt in acknowledgement or new promise to pay, 21 A.L.R.4th 1121. Liquor license as subject to execution or attachment, 40 A.L.R.4th 927.
ARTICLE 1 GENERAL PROVISIONS Law reviews. For note discussing grounds and proceedings for attachment, see 12 Ga. L. Rev. 814 (1978).
For article surveying judicial developments in Georgia’s trial practice and procedure laws, see 31 Mercer L. Rev. 249 (1979).
RESEARCH REFERENCES ALR. Attachment for goods or money embezzled, stolen, or converted, 4 A.L.R. 832. What are “tools,” “implements,” “instruments,” “utensils,” or “apparatus” within the meaning of debtor’s exemption laws, 9 A.L.R. 1020; 36 A.L.R. 669; 52 A.L.R. 826. Seat in chamber of commerce, board of trade, or stock exchange as subject of attachment, garnishment, or execution, 14 A.L.R. 284. Attachment or garnishment of goods covered by negotiable warehouse receipt, 40 A.L.R. 969. Right of state court, in enforcing rights under federal statute, to obtain jurisdiction by means not available in federal court, 42 A.L.R. 1236. Action based on statute as one in which attachment will lie, 51 A.L.R. 1386. What amounts to an attachment or levy within provision of the Uniform Conditional Sales Act avoiding reservation of title by unfiled contract, 54 A.L.R. 269. Validity and construction of statute requiring statement of account due one having special or limited interest in property seized under attachment or execution against another, 63 A.L.R. 575. What constitutes an action for recovery of money only within statute as to the character of actions in which attachment may issue, 76 A.L.R. 1446. Attachment or garnishment as interference with foreign or interstate commerce, 85 A.L.R. 1395.
Action based on rescission of contract as one arising on contract, express or implied, within the meaning of attachment statute, 95 A.L.R. 1028. Local property of insolvent foreign corporation for which a liquidator or receiver has been appointed in another state as subject to sequestration or seizure under execution or attachment, 98 A.L.R. 351. Attachment or garnishment with respect to award (or judgment thereon) under Workmen’s Compensation Act, 126 A.L.R. 150. Pledgor’s interest as subject to attachment by pledgee for another debt, and effect of the attachment upon the pledge, 126 A.L.R. 188. Bankruptcy of debtor as affecting necessity of compliance with conditions precedent to enforcement of bond in attachment or other judicial proceeding, 130 A.L.R. 1162. Residence of partnership for purposes of statutes authorizing attachment or garnishment on ground of nonresidence, 9 A.L.R.2d 471. What is an action for “debt” within attachment or garnishment statute, 12 A.L.R.2d 787. Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 A.L.R.3d 598.