O.C.G.A.

O.C.G.A. § 18-3-9 (2019)

Application for issuance of writ of attachment prior to judgment; contents of application; procedure

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) When the plaintiff contends one or more of the grounds set forth in Code Section 18-3-1 exist, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence of the defendant, if known, and, if not known, in the county wherein the property sought to be attached is located, for an order authorizing issuance of a writ of attachment. The application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, the basis and nature of the claim, and the amount of indebtedness claimed therein by the plaintiff.

(b) Upon presentation of plaintiff’s sworn application for a writ of attachment, it shall be the duty of the judge to inquire into the facts alleged, going beyond mere conclusions of fact alleged by the plaintiff and clearly setting forth the facts entitling the creditor to a writ of attachment as set forth in Code Section 18-3-1. Upon consideration of the inquiry, the judge shall have the discretion to grant or deny the issuance of a writ of attachment. Any order by a judge granting the issuance of a writ of attachment shall be subject to approval of a bond by the clerk of the court, pursuant to Code Section 18-3-10, prior to filing of the writ of attachment.

History

Ga. L. 1855-56, p. 25, § 2; Code 1863, § 3189; Code 1868, § 3200; Code 1873, § 3265; Code 1882, § 3265; Ga. L. 1893,

p. 117, § 1; Civil Code 1895, § 4511; Civil Code 1910, § 5056; Code 1933, § 8-109; Ga. L. 1968, p. 1013, § 1; Ga. L. 1980, p. 1065, § 1.

Annotations

JUDICIAL DECISIONS No basis for writ of attachment. - Absent allegations of property in Georgia, there was no basis for the issuance of a writ of attachment since the defendants

resided outside of Georgia. Ralls Corp. v. Huerfano River Wind, LLC, 27 F. Supp. 3d 1303, 2014 U.S. Dist. LEXIS 87414 (N.D. Ga. 2014).

OPINIONS OF THE ATTORNEY GENERAL Magistrate courts’ power to order prejudgment attachment. - Because magistrate courts are not “courts of re-

cord” those courts may not order prejudgment attachment or garnishment. 1984 Op. Att’y Gen. No. U84-28.

RESEARCH REFERENCES ALR. Affidavits stating grounds of attach-

ment on information and belief, 86 A.L.R. 588.

Notes of Decisions

Cited in 4 cases, 1984–2020 · leading case: W. Sky Fin., LLC v. State, 793 S.E.2d 357 (Ga. 2016).

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W. Sky Fin., LLC v. State, 793 S.E.2d 357 (Ga. 2016). · cites it 2× “The purpose of the injunctive relief ordered was “to ensure that money will be available to satisfy an anticipated final judgment in favor of [the State] Defendants assert this freezing of assets is an improper use of the court’s injunctive power and amounts, in effect, to an…”

Ralls Corp. v. Huerfano River Wind, LLC, 27 F. Supp. 3d 1303 (N.D. Ga. 2014). “§ 18-3-9. Ralls has shown that at least one statutory ground for relief exists because *1330 each Defendant resides outside of Georgia.”

Champa v. Champa (N.D. Ga. 2020). · cites it 4× “The bond shall be presented to the clerk of the court where the application provided for in Code Section 18-3-9 is sought to be filed for approval by such clerk prior to filing of the writ of attachment.”

Williams v. Williams, 317 S.E.2d 625 (Ga. Ct. App. 1984). · cites it 6× “Held: Plaintiff’s brief addresses only the issue of whether plaintiff’s affidavit (as sworn to by her attorney) has satisfied the requirements of OCGA § 18-3-9 and focuses upon whether any deficiency in plaintiff’s affidavit arises because it is sworn to by plaintiff’s attorney…”

— 18-3-9(b) — 1 case

Champa v. Champa (N.D. Ga. 2020). “The bond shall be presented to the clerk of the court where the application provided for in Code Section 18-3-9 is sought to be filed for approval by such clerk prior to filing of the writ of attachment.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.