O.C.G.A. § 18-3-20 (2019)
Substantial compliance in matters of form sufficient
A substantial compliance in all matters of form shall be held sufficient in all applications for attachment and in all attachments issued as provided by this chapter.
History
Ga. L. 1855-56, p. 25, § 43; Code 1863, § 3204; Code 1868, § 3215; Code 1873,
§ 3282; Code 1882, § 3282; Civil Code 1895, § 4528; Civil Code 1910, § 5073; Code 1933, § 8-118.
Annotations
JUDICIAL DECISIONS Levy failing to state that property was levied on as property of the defendant was amendable and such defect was not ground for arresting judgment. Flegal v. Loveless, 93 Ga. App. 41, 90 S.E.2d 606, 1955 Ga. App. LEXIS 466 (1955). Absence of signature on notice of attachment. - Although notices of attachment were not signed by the plaintiff,
the plaintiff’s attorney, or anyone as agent for the plaintiff, where the notices conveyed information required by statute and defendants were in no manner prejudiced by absence of a signature, the notice was sufficient to entitle the plaintiff to judgment on the declaration filed as at common law. Stalvey v. Varn Motors & Fin. Co., 56 Ga. App. 696, 193 S.E. 627, 1937 Ga. App. LEXIS 207 (1937).
ARTICLE 2 LEVY AND REPLEVY OF PROPERTY GENERALLY Law reviews. For comment on Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972), holding the seizure of property in replevin without notice and hearing or
waiver as violative of due process, see 22 J. of Pub. L. 169 (1973). For note discussing procedures for levy upon an attachment, see 12 Ga. L. Rev. 814 (1978).
RESEARCH REFERENCES ALR. Right to damages as distinguished from interest for loss of use of property taken in replevin, 6 A.L.R. 478. What is “stock in trade” within exemption law, 9 A.L.R. 1259. Seat in chamber of commerce, board of trade, or stock exchange as subject of attachment, garnishment, or execution, 14 A.L.R. 284. Amount of alternative money judgment in replevin as affected by sale of property under foreclosure of lien of third person, while in hands of unsuccessful party, 22 A.L.R. 215. Replevin for an undivided share in or undivided quantity of a larger mass, 26 A.L.R. 1015. Bankruptcy of debtor within four months after attachment or execution as discharging surety on bond given to release property seized thereunder, 36 A.L.R. 449; 107 A.L.R. 1138. Wrongful attachment or garnishment of debt as conversion, 40 A.L.R. 594. Amount of judgment recovered by defendant in replevin on account of counter-
claim as within coverage of bond given by plaintiff, 87 A.L.R. 295. Redemption money in hands of officer as subject to attachment, garnishment, or execution, 94 A.L.R. 1049. Attack upon attachment after judgment, because of defects or irregularities, 129 A.L.R. 779. Failure or refusal to surrender possession or disclose whereabouts of property in replevin as contempt, 130 A.L.R. 632. Validity of attachment of chattels within store or building other than private dwelling, made without removing the goods or without making an entry, 22 A.L.R.2d 1276. Allowance, in replevin action, of loss of profits from deprivation of use of detained property, 48 A.L.R.2d 1053. Liability of creditor for excessive attachment or garnishment, 56 A.L.R.3d 493. 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.