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2018 Georgia Code 18-3-32 | Car Wreck Lawyer

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 2 LEVY AND REPLEVY OF PROPERTY GENERALLY

18-3-32. Levy on property in a different county.

When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the duty of the judge issuing the attachment, upon the request of the plaintiff, his agent, or his attorney at law, to make out a copy or copies of the original attachment, bond, and affidavit and certify the same officially to be true copies. Upon delivery of the copies of the attachment, bond, and affidavit, as directed, to any officer of the county in which the property of the defendant is located, it shall be the duty of the officer forthwith to levy the attachment upon the property of the defendant located in that county and to return the attachment, with his actings and doings entered thereon, to the court to which the original attachment is returnable.

(Laws 1799, Cobb's 1851 Digest, p. 73; Ga. L. 1855-56, p. 25, § 10; Code 1863, § 3193; Code 1868, § 3204; Code 1873, § 3270; Code 1882, § 3270; Civil Code 1895, § 4516; Civil Code 1910, § 5061; Code 1933, § 8-210; Ga. L. 1980, p. 1065, § 8.)

JUDICIAL DECISIONS

Cited in Gaston v. Jackson Nat'l Bank, 45 Ga. App. 106, 163 S.E. 265 (1932); Stalvey v. Varn Motors & Fin. Co., 56 Ga. App. 696, 193 S.E. 627 (1937).

RESEARCH REFERENCES

ALR.

- Attachment proceedings as affected by officer's failure to comply with statutory requirements as to return or inventory, 93 A.L.R. 748.

Maintainability of replevin or similar possessory action where defendant, at time action is brought, is no longer in possession of property, 97 A.L.R.2d 896.

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