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2018 Georgia Code 44-13-42 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 13. Exemptions from Levy and Sale, 44-13-1 through 44-13-120.

ARTICLE 1 CONSTITUTIONAL EXEMPTIONS

44-13-42. Mode of setting apart household and kitchen furniture and provisions; schedule; recordation; fee.

Every debtor seeking the benefit of Code Section 44-13-41 shall make out a schedule of the debtor's household and kitchen furniture and provisions which shall set out the items and value thereof claimed to be exempt and shall return the schedule to the judge of the probate court of the county in which the applicant resides. It shall not be necessary to make any application for such exemption or to publish the schedule in a newspaper. The judge shall record the schedule in a book to be kept by him for that purpose.

(Ga. L. 1924, p. 57, § 1; Code 1933, § 51-1103; Ga. L. 1983, p. 1170, § 2.)

JUDICIAL DECISIONS

Limitation of exemption.

- The exemption is limited by amount rather than by the nature of the articles, except under the general term "household and kitchen furniture." Kemp v. Swainsboro Ice & Fuel Co., 47 Ga. App. 99, 169 S.E. 700 (1933).

Summary nature of proceeding.

- Under O.C.G.A. § 44-13-42 a debtor may obtain the benefit of O.C.G.A. §§ 44-13-40 and44-13-41 by merely proceeding in a summary and ex parte manner. Wilbanks v. Wardlaw, 50 Ga. App. 495, 178 S.E. 466 (1935).

Effect of waiver.

- Where a debtor has not set aside household and kitchen furniture as prescribed in O.C.G.A. § 44-13-42, and where the debtor has executed a note to a creditor waiving this exemption, the creditor may seek to have the exempted property subjected to the payment of the debtor's note. Turner v. Caudill, 175 Ga. 170, 165 S.E. 24 (1932).

Waiver unnecessary.

- In order for a debtor and his wife to avail themselves of the exemption provided by O.C.G.A. § 44-13-42, it is not essential that the debtor should have waived his homestead and exemption rights with reference to the debt in question. Kemp v. Swainsboro Ice & Fuel Co., 47 Ga. App. 99, 169 S.E. 700 (1933).

Piano.

- The exemption of a piano is permissible. Kemp v. Swainsboro Ice & Fuel Co., 47 Ga. App. 99, 169 S.E. 700 (1933).

Cited in Kemp v. Price, 42 Ga. App. 655, 157 S.E. 117 (1931).

RESEARCH REFERENCES

ALR.

- What are "tools," "implements," "instruments," "utensils," or "apparatus," within the meaning of Debtor's Exemption Laws, 2 A.L.R. 818; 9 A.L.R. 1020; 36 A.L.R. 669; 52 A.L.R. 826.

Debtor's exemption of proceeds of insurance on property itself exempt, 63 A.L.R. 1286.

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