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Call Now: 904-383-7448Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the court before which the petition is filed if the petition contains a statement of facts, under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner's claim and a sufficient ground for the issuance of an immediate writ of possession. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue for merchandise or services rendered on merchandise which was paid for, in whole or in part, by a bad check as the term "bad check" is defined in Code Section 44-14-516.
(Code 1933, § 67-709, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1989, p. 803, § 1.)
- For article on Chapter 67-7 (now this part,) and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).
Filing a foreclosure petition is not a jurisdictional prerequisite to a creditor's right to seek an immediate writ of possession. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 469 S.E.2d 222 (1996).
Cited in Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 780 (1978); Porter v. Midland-Guardian Co., 242 Ga. 1, 247 S.E.2d 743 (1978); Sumner v. Adel Banking Co., 244 Ga. 73, 259 S.E.2d 32 (1979); Deutz-Allis Credit Corp. v. Phillips, 183 Ga. App. 760, 360 S.E.2d 29 (1987).
- 69 Am. Jur. 2d, Secured Transactions, §§ 590-606, 607-614.
- 14 C.J.S., Chattel Mortgages, §§ 185, 405.
- Chattel mortgage on property consumable in use, 49 A.L.R. 1495.
Bankruptcy court's injunction against mortgage or lien enforcement proceedings commenced, before bankruptcy, in another court, 40 A.L.R.2d 663.
No results found for Georgia Code 44-14-261.