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O.C.G.A. § 29-5-47 — Levy upon property; writs of execution | Georgia Code
O.C.G.A. § 29-5-47 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 29 GUARDIAN AND WARD

Section 5. Conservators of Adults, 29-5-1 through 29-5-140.

ARTICLE 5 CONSERVATOR'S BOND AND OTHER OBLIGATIONS

29-5-47. Levy upon property; writs of execution.

  1. When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa.
  2. The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment of the judgment by the surety.

(Code 1981, §29-5-47, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 3504 are included in the annotations for this Code section.

History of former Civil Code 1895, § 3504 prior to 1958 amendment (former O.C.G.A. § 29-2-51) permitting levy of execution against any defendant in fieri facias, see Bailey v. McAlpin, 122 Ga. 616, 50 S.E. 388 (1905) (decided under former Civil Code 1895, § 3504).

Cited in Rogers v. Taintor, 93 Ga. App. 54, 90 S.E.2d 629 (1955).

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 201, 241, 242, 283 et seq.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.