O.C.G.A.

O.C.G.A. § 44-14-236 (2019)

Execution and levy; retention by plaintiff; sale

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231, a levy may be made on the secured property by the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court pursuant to the writ of possession. At the option of the plaintiff, the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court shall either surrender the secured property to the plaintiff for retention or disposition in accordance with Article 9 of Title 11 or shall advertise and sell the same as in the case of levy and sale under execution.

History

Code 1933, § 67-707, enacted by Ga. L. 1974, p. 398, § 1.

Annotations

Law reviews. For article on this part and personal

property foreclosures, see 11 Ga. St. B. J. 230 (1975).

JUDICIAL DECISIONS Extent of court’s authority. - While O.C.G.A. § 44-14-236 authorizes a court having jurisdiction to grant a writ of possession to the secured property, it does not authorize a state court judge to command affirmatively that the defendant return the property and thus allow a plaintiff to

dispense with a levy made on the secured property by the sheriff, deputy, marshal, constable or a duly qualified levying officer of the court. Riviera Equip., Inc. v. Omega Equip. Corp., 145 Ga. App. 640, 244 S.E.2d 139, 1978 Ga. App. LEXIS 2074 (1978).

RESEARCH REFERENCES Am. Jur. 2d. 69 Am. Jur. 2d, Secured Transactions, § 575. C.J.S. 14 C.J.S., Chattel Mortgages, §§ 407, 425.

ALR. Purchase by pledgee of subject of pledge, 76 A.L.R. 705; 37 A.L.R.2d 1381.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1996–2025 · leading case: Allen v. Santana, 695 S.E.2d 314 (Ga. Ct. App. 2010).

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Allen v. Santana, 695 S.E.2d 314 (Ga. Ct. App. 2010). · cites it 4× “Under OCGA § 44-14-236, Santana may now proceed in either of two ways: he may retain or dispose of the vehicle at issue in accordance with the provisions of Article 9 of Title 11 of the Georgia Code, 15 or he may surrender the vehicle to the “duly qualified levying officer of…”

Flateau v. Reinhardt, Whitley & Wilmot, 469 S.E.2d 222 (Ga. Ct. App. 1996). · cites it 2× “OCGA § 11-9-505 (2). The secured party’s exercise of this option after obtaining possession of the secured property would obviate the necessity for filing a foreclosure petition, although the defendant named in the writ could still make an appearance and file any legal or…”

Pmb Rentals, LLC v. Basmatie Jorree (Ga. Ct. App. 2025). · cites it 2× “”); see also OCGA § 44-14-236 (“Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231, a levy may be made on the secured property by the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.