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Call Now: 904-383-7448In addition to the notice by publication required to be given by Code Section 44-13-7, the applicant or his agent shall give notice in writing of the filing of the application and of the day of hearing the same to each of his creditors residing in the county. Such notice shall be given at least five days before the hearing and shall be served personally or by leaving a copy at the residence or place of business of his creditor; and the fact that such notice has been given shall be verified by oath of the applicant or his agent. The applicant shall also notify creditors residing outside of the county of his application by preparing written notices of his application and the day of hearing, which notices shall be delivered by him to the judge of the probate court together with stamped envelopes and, if the residence of the creditors shall be known to the petitioner, shall be directed by the judge and mailed to the persons residing out of the county at least 15 days before the day of the hearing.
(Ga. L. 1876, p. 48, § 2; Code 1882, § 2006a; Civil Code 1895, § 2832; Civil Code 1910, § 3382; Code 1933, § 51-302; Code 1981, §44-13-9; Code 1981, §44-13-8, as redesignated by Ga. L. 1983, p. 1170, § 2.)
- Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-9 as this Code section. The 1983 Act also redesignated former Code Section 44-13-8, relating to publication of notice of application, as present Code Section 44-13-7.
- Service of notice by an officer is not required or contemplated by O.C.G.A. § 44-13-8. Weekes & Son v. Edwards, 101 Ga. 314, 28 S.E. 853 (1897).
- If the record of a homestead proceeding shows that a non-resident creditor's name and address were returned by the applicant to the ordinary (now probate judge), and in proper time a notice with stamped envelope was delivered to the ordinary (now probate judge) for mailing, notice is sufficiently shown. The presumption is that the ordinary (now probate judge) did the ordinary's duty. Roberts v. Cook, 68 Ga. 324 (1882).
- Where the debtor of a firm sought to obtain a homestead, but instead of naming the firm in the schedule, named one of the partners as an individual creditor and served that partner alone with notice, such statement and notice did not include the firm upon the grant of the homestead. Boroughs v. White & Stone, 69 Ga. 841 (1883).
- Where a homestead was applied for on December 4, 1877, and the return of the county surveyor laying off the homestead was made on December 14, 1877, the ordinary (now probate judge) was without authority of law to approve the homestead on December 15, 1877. A homestead thus approved was illegal and void. West v. McWhorter, 141 Ga. 590, 81 S.E. 859 (1914).
Proceeding under O.C.G.A. § 44-13-16. - A bankrupt debtor in perfecting an exemption of money, set aside to the debtor in a bankruptcy proceeding, in a proceeding under O.C.G.A. § 44-13-16 must comply with O.C.G.A. §§ 44-13-4 and44-13-7 through44-13-9, relating to the schedule to be attached to his application, the notice to be published, and the notice to be given creditors by the applicant or his agent. Lou Hill Co. v. Bjoralt, 103 Ga. App. 564, 120 S.E.2d 39 (1961).
- 40 C.J.S., Homesteads, § 144 et seq.
No results found for Georgia Code 44-13-8.