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2018 Georgia Code 18-3-51 | Car Wreck Lawyer

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 3 THIRD-PARTY CLAIMS

18-3-51. Delivery of property to claimant upon payment of bond; return of affidavit and bond by levying officer.

The claimant, his agent, or his attorney at law may give bond, with good security, payable to the levying officer, in a sum equal to double the value of the property claimed, the value to be judged by the levying officer, conditioned to deliver the property at the time and place of sale, provided the same should be found subject to the attachment; and, upon the delivery of the bond to the levying officer, it shall be his duty to deliver such property to the claimant, his agent, or his attorney at law; and it shall be the duty of the levying officer to return the bond, together with the affidavit and claim bond, to the court to which the attachment is returnable; and, when the claim is interposed by the agent or attorney at law of the claimant, the agent or attorney at law shall have power to sign the name of the claimant to the bond, who shall be bound thereby in the same manner as though he had signed it himself.

(Laws 1836, Cobb's 1851 Digest, p. 84; Ga. L. 1855-56, p. 25, § 36; Code 1863, § 3237; Code 1868, § 3248; Code 1873, § 3324; Code 1882, § 3324; Civil Code 1895, § 4571; Civil Code 1910, § 5117; Code 1933, § 8-803.)

JUDICIAL DECISIONS

Refusal to deliver property was a forfeiture of the bond. Stinson v. Hall, 54 Ga. 676 (1875).

Breach of bond.

- There is a breach of bond when the property has been consumed or otherwise disposed of so as to render it impossible for obligors in bond to deliver the property to levying officer on demand. Manufacturers' Fin. Acceptance Corp. v. Bradley, 50 Ga. App. 138, 177 S.E. 272 (1934).

Claimant's inability to deliver property, resulting from claimant's sale of the property, dispenses with advertisement and is a breach of claimant's bond. Lassiter v. Byrd & Coker, 55 Ga. 606 (1876).

When claimant breached claimant's bond by converting property and dismissing claimant's claim, claimant thereby waives the right, on trial of suit for breach of bond, to assert that property was not subject to attachment. Earnest v. Barrett, 55 Ga. App. 482, 190 S.E. 635 (1937).

Cited in Thompson v. O'Connor, 115 Ga. 120, 41 S.E. 242 (1902).

RESEARCH REFERENCES

ALR.

- Recovery for depreciation of property between the date it was replevied and final judgment, 24 A.L.R. 1189.

Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in replevin for delivery or redelivery of chattels, 57 A.L.R. 806.

Right of one joint owner of personal property to maintain against third person replevin, detinue, trover, or other action to recover possession or damages, 110 A.L.R. 353.

Replevin or claim-and-delivery: Modern view as to validity of statute or contractual provision authorizing summary repossession of consumer goods sold under retail installment sales contract, 45 A.L.R.3d 1233.

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