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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 18-3-3 Case Law from Google Scholar Amendments to OCGA 18-3-3

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 1 GENERAL PROVISIONS

18-3-3. Attachment prior to debt becoming due; stay of execution when debt not due before final judgment.

When the debt is not due, the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that, where the debt does not become due before final judgment, execution upon the judgment shall be stayed until the debt is due.

(Laws 1816, Cobb's 1851 Digest, p. 75; Code 1863, § 3197; Code 1868, § 3208; Code 1873, § 3275; Code 1882, § 3275; Civil Code 1895, § 4521; Civil Code 1910, § 5066; Code 1933, § 8-103.)

JUDICIAL DECISIONS

Attachment under Laws 1816, Cobb's 1851 Digest, p. 75 (see now O.C.G.A. § 18-3-3) must be by affidavit in the form required by Ga. L. 1855-56, p. 25, § 42 (see now O.C.G.A. § 18-3-19). Harrill v. Humphries, 26 Ga. 514 (1858).

Cited in Monroe v. Bishop, 29 Ga. 159 (1859); Askew v. Melvin, 144 Ga. 348, 87 S.E. 278 (1915); Hensley v. Minehan, 29 Ga. App. 251, 114 S.E. 647 (1922); Stevenson v. Allen, 94 Ga. App. 123, 93 S.E.2d 794 (1956).

RESEARCH REFERENCES

ALR.

- What amounts to a "debt" within statute providing for attachment before debt is due, 65 A.L.R. 1439; 58 A.L.R.2d 1451.

What sort of claim, obligation, or liability is within contemplation of statute providing for attachment, or giving right of action for indemnity, before a debt or liability is due, 58 A.L.R.2d 1451.

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