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O.C.G.A. § 44-14-11 — Entry of nulla bona; shifting of burden of proof | Georgia Code

O.C.G.A. § 44-14-11 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 1 IN GENERAL

44-14-11. Entry of nulla bona; shifting of burden of proof.

When a search has been made in any of the cases provided by Code Sections 44-14-8 through 44-14-10 by the levying officer for the purpose of levying the execution and the property described therein is not found at the defendant's home, if the defendant fails or refuses to direct the levying officer to the property, the officer shall enter a nulla bona; and the testimony of the officer or the entry of a nulla bona when properly proven shall shift the burden of proof to defendant.

(Ga. L. 1918, p. 262, § 4; Code 1933, § 67-9905.)

Editor's notes.

- Ga. L. 1962, p. 156, § 1, provides that any provision of Code Sections 44-14-1, 44-14-2, 44-14-4, 44-14-7 through 44-14-12, 44-14-100, and 44-14-160, and Arts. 2 and 3, Ch. 14, of this title which conflicts with T. 11 shall yield to and be superseded by T. 11. See Code Section 11-10-103.

JUDICIAL DECISIONS

If defendant is completely unavailable, defendant cannot refuse or fail to direct levying officers.

- Where a defendant cannot have refused or failed to have directed the levying officers to the property, since defendant was completely unavailable, the court errs in giving the substance of O.C.G.A. § 44-14-11 in its charge. Smith v. State, 124 Ga. App. 581, 184 S.E.2d 681 (1971).

Cited in Hardin v. State, 40 Ga. App. 529, 150 S.E. 453 (1929); Nelson v. State, 179 Ga. 743, 177 S.E. 253 (1934); Burke Loan Co. v. Kelly, 127 Ga. App. 36, 192 S.E.2d 413 (1972).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of criminal provisions of statute relating expressly to conditional or installment sales of personal property, 129 A.L.R. 1077.

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