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2018 Georgia Code 18-3-19 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-3-19 Case Law from Google Scholar Amendments to OCGA 18-3-19

TITLE 18 DEBTOR AND CREDITOR

Section 3. Attachment Proceedings, 18-3-1 through 18-3-75.

ARTICLE 1 GENERAL PROVISIONS

18-3-19. Forms for attachment.

In all cases of attachment, the form of the affidavit, bond, attachment, and order authorizing the issuance thereof may be as follows: (1) Affidavit for attachment. AFFIDAVIT STATE OF GEORGIA COUNTY OF ________ Personally appeared ____________ who on oath says that he is attorney at law for ____________ and that ____________ is indebted to said plaintiff in the sum of $ ______ and that said defendant __________. ____________ Affiant Sworn to and subscribed before me this ________ day of ______, ______. __________________ Judge

(2) Bond.

BOND

STATE OF GEORGIA COUNTY OF ________ We, ________, principal, and ________, security, jointly and severally acknowledge ourselves bound unto the foregoing defendant in the sum of $ ______, subject to the following conditions: The said principal is seeking attachment against the said defendant which is now about to be sued out in the ______ Court of ______ County. Now, if the said plaintiff shall pay all damages that the defendant may sustain, and also all costs that may be incurred by him in consequence of suing out such attachment, in the event that the said plaintiff shall fail to recover in said case, then this bond shall be void. __________ (SEAL) __________ (SEAL) Witnessed and approved this ____________ day of ________, ______. __________________ Deputy Clerk, ______ Court of __________ County

(3) Attachment.

ATTACHMENT

STATE OF GEORGIA COUNTY OF ________ To the marshal of said court or his lawful deputies, to all and singular the sheriffs or their lawful deputies, and to all lawful constables of said state: You are commanded to seize so much of the property of the foregoing defendant as will make the sum of $ ________ and all costs, and to serve such summons of garnishment as may be placed in your hands, and that you make return of this attachment with your actions entered thereon to the ________ term, ____________, of the ________ Court of ______ County, to which court this attachment is hereby made returnable. This ________ day of ________, ________. ________ (SEAL) ______ Court of ________ County

(4) Order.

IN THE ______ COURT OF ________ COUNTY

STATE OF GEORGIA

__________ ) Plaintiff ) v. ) Civil action ) File no. ________ __________ ) Defendant ) )

ORDER

Upon application of the plaintiff for a writ of attachment, and having considered the affidavit with bond attached, and inquiring into the grounds and circumstances herein, it is the determination of this court that the plaintiff is (or is not) entitled to a writ of attachment, and it is ORDERED that a writ of attachment issue upon the property of the defendant (or that a writ of attachment be denied). This ______ day of ________, ________. ____________ Judge, ______ Court of ________ County

(Ga. L. 1855-56, p. 25, § 42; Code 1863, § 3205; Code 1868, § 3216; Code 1873, § 3283; Code 1882, § 3283; Civil Code 1895, § 4529; Civil Code 1910, § 5074; Code 1933, § 8-119; Ga. L. 1980, p. 1065, § 7; Ga. L. 1999, p. 81, § 18.)

JUDICIAL DECISIONS

Affidavit may be sufficient in form though it does not show that debt is due. Askew v. Melvin, 144 Ga. 348, 87 S.E. 278 (1915).

Variance in defendant's name in required documents.

- Variance between affidavit and bond on one hand and attachment on the other, in the name of party against whom proceedings are brought is fatal to the attachment. Leffler & Son v. Union Compress Co., 126 Ga. 662, 55 S.E. 927 (1906).

Bill of particulars not annexed to papers.

- Attachment not necessarily void because no bill of particulars is annexed to original attachment papers. Pharr v. Estey Piano & Organ Co., 7 Ga. App. 262, 66 S.E. 618 (1909).

Absent levy or seizure of property under attachment there can be no recovery on bond. Hinton-Bellah, Inc. v. Thebit, 62 Ga. App. 672, 9 S.E.2d 779 (1940).

Effect of release on recovery of attachment expenses.

- Fact that plaintiff's property had been released did not preclude the plaintiff from recovering expense sustained in consequence of the attachment. Hinton-Bellah, Inc. v. Thebit, 62 Ga. App. 672, 9 S.E.2d 779 (1940).

Damages recoverable on attachment expenses.

- Hinton-Bellah, Inc. v. Thebit, 62 Ga. App. 672, 9 S.E.2d 779 (1940).

Cited in Cohen v. Manco, 28 Ga. 27 (1859); Graves v. Rivers, 123 Ga. 224, 51 S.E. 318 (1905); Thebit v. Hinton-Bellah, Inc., 57 Ga. App. 205, 194 S.E. 894 (1938).

RESEARCH REFERENCES

2B Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, § 91. 2C Am. Jur. Pleading and Practice Forms, Attachment and Garnishment, § 340.

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