O.C.G.A.

O.C.G.A. § 44-14-237 (2019)

Transfer, movement, or conveyance of property by defendant after posting of bond

✓ 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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In all cases where the defendant may desire to transfer, remove, or convey any of the secured property after the service of the summons and after having an opportunity to answer, the defendant shall post bond for the delivery of the property at the time and place of sale. The bond shall be with good security for a sum equal to the value of the property or the amount of the alleged remaining balance, whichever is less. The value of the property shall be estimated by the judge, the magistrate, or the clerk. Upon the approval of the bond by the judge, the magistrate, or the clerk, the defendant may transfer, remove, or convey such property as may be approved by the judge, the magistrate, or the clerk.

History

Code 1933, § 67-709, enacted by Ga. L. 1974, p. 398, § 1; Code 1933, § 67-708, as redesignated by Ga. L. 1975, p. 1213, § 3; Ga. L. 1987, p. 1023, § 6.

Annotations

Law reviews. For article on this part and personal property foreclosures, see 11 Ga. St. B. J. 230 (1975).

JUDICIAL DECISIONS Defendant’s failure to post bond entitled plaintiff to immediate writ of possession. - Consulting company sued a store for breach of contract; the store’s debt to the company was secured by UCC financing statements on the store’s inventory. The company was entitled to an immediate writ of possession because af-

ter the suit was filed, the store sold and transferred merchandise subject to the company’s security interest without posting bond as required by O.C.G.A. §§ 4414-234(3) and 44-14-237. Deere Park & Assocs. v. C H Furniture Source, LLC, 296 Ga. App. 382, 674 S.E.2d 635, 2009 Ga. App. LEXIS 229 (2009).

RESEARCH REFERENCES C.J.S. 14 C.J.S., Chattel Mortgages, § 408.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1992–2024 · leading case: Freeman v. Bentley, 422 S.E.2d 435 (Ga. Ct. App. 1992).

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Freeman v. Bentley, 422 S.E.2d 435 (Ga. Ct. App. 1992). · cites it 4× “Bentley sought a supersedeas bond, on grounds that OCGA § 44-14-237 requires a.bond to be posted before property can be moved and Freeman had moved the car outside Cobb County during the pendency of this case.”

Deere Park & Assocs. v. C H Furniture Source, LLC, 674 S.E.2d 635 (Ga. Ct. App. 2009). · cites it 4× “) OCGA § 44-14-237 states: In all cases where the defendant may desire to transfer, remove, or convey any of the secured property after the service of the summons and after having an opportunity to answer, the defendant shall post bond for the delivery of the property at the…”

LifeBrite Hosp. Grp., LLC v. ECHP, Inc. (N.D. Ga. 2024). · cites it 2× “” Moreover, O.C.G.A. § 44-14-237 provides a means for a defendant to “transfer, remove, or convey any of the secured property” so long as they post a bond “for a sum equal to the value of the property or the amount of the alleged remaining balance, whichever is less.”

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.