O.C.G.A. § 44-13-9 (2019)
Time fixed by notice for hearing
The time fixed by the notice given pursuant to Code Sections 44-13-7 and 44-13-8 shall not be less than 20 nor more than 30 days from the date of the filing of the application and schedule.
History
Ga. L. 1868, p. 27, § 4; Code 1873, § 2007; Ga. L. 1876, p. 48, § 2; Code 1882, § 2007; Civil Code 1895, § 2833; Civil Code 1910, § 3383; Code 1933, § 51-303; Code 1981, § 44-13-10; Code 1981, § 4413-9, as redesignated by Ga. L. 1983, p. 1170, § 2.
Annotations
Editor’s notes. Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-10 as this Code section. The 1983 Act also redesignated former Code Section 44-13-9, relating to written notice to creditors, as present Code Section 44-13-8.
JUDICIAL DECISIONS Homestead void. - If more than 30 days intervene between the date of the order of the ordinary (now probate judge) to the surveyor and the time fixed in the notice, the homestead is void. Roberts v. Atlanta Cem. Ass’n, 146 Ga. 490, 91 S.E. 675, 1917 Ga. LEXIS 358 (1917). Proceeding under O.C.G.A. § 44-1316. - 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 and 44-13-7 through 44-13-9 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 Ga. App. LEXIS 1002 (1961).