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2018 Georgia Code 18-3-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-3-53 Case Law from Google Scholar Amendments to OCGA 18-3-53

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 3 THIRD-PARTY CLAIMS

18-3-53. Proceedings upon failure of claimant to deliver property pursuant to conditions of bond.

Upon the failure of the claimant to deliver the property according to the conditions of the bond, the levying officer may immediately sue the claimant and security upon the bond and recover the full value of the property claimed and also all damages, costs, and charges that the plaintiff may have sustained in consequence of the failure of the claimant to deliver the property.

(Laws 1836, Cobb's 1851 Digest, p. 84; Ga. L. 1855-56, p. 25, § 37; Code 1863, § 3238; Code 1868, § 3249; Code 1873, § 3325; Code 1882, § 3325; Civil Code 1895, § 4572; Civil Code 1910, § 5118; Code 1933, § 8-804.)

JUDICIAL DECISIONS

Inability to produce property is equivalent to failure to produce property. Manufacturers' Fin. Acceptance Corp. v. Bradley, 50 Ga. App. 138, 177 S.E. 272 (1934).

Occurrence of breach.

- There is a breach of bond when 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).

Defendant raising defenses decided against defendant in prior claim case.

- One who files claim to levy of attachment and replevies property by giving a forthcoming bond cannot, after judgment has been rendered in the claim case finding the property subject, set up, in defense to an action upon the forthcoming bond, any contention decided against that person by the judgment in the claim case. Thompson v. O'Connor, 115 Ga. 120, 41 S.E. 242 (1902).

Cited in Wade v. Wortsman, 29 F. 754 (S.D. Ga. 1887).

RESEARCH REFERENCES

ALR.

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

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.

Recovery of attorney's fees as damages by successful litigant in replevin or detinue action, 60 A.L.R.2d 945.

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