O.C.G.A. § 44-13-42 (2019)
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.
History
Ga. L. 1924, p. 57, § 1; Code 1933, § 51-1103; Ga. L. 1983, p. 1170, § 2.
Annotations
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 Ga. App. LEXIS 303 (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 and 44-13-41 by merely proceeding in a summary and ex parte manner. Wilbanks v. Wardlaw, 50 Ga. App. 495, 178 S.E. 466, 1935 Ga. App. LEXIS 189 (1935). Effect of waiver. - Where a debtor has not set aside household and kitchen furniture as prescribed in O.C.G.A. § 4413-42, and where the debtor has executed a note to a creditor waiving this exemp-
tion, 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 Ga. LEXIS 216 (1932). Waiver unnecessary. - In order for a debtor and his wife to avail themselves of the exemption provided by O.C.G.A. § 4413-42, 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 Ga. App. LEXIS 303 (1933). Piano. - The exemption of a piano is permissible. Kemp v. Swainsboro Ice & Fuel Co., 47 Ga. App. 99, 169 S.E. 700, 1933 Ga. App. LEXIS 303 (1933).
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.