O.C.G.A.

O.C.G.A. § 44-14-261 (2019)

Petition for immediate writ of possession; verification; exemption of consumer transactions

✓ 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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Any 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.

History

Code 1933, § 67-709, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1989, p. 803, § 1.

Annotations

Law reviews. For article on Chapter 67-7 (now this part,) and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).

JUDICIAL DECISIONS Filing a foreclosure petition is not a jurisdictional prerequisite to a creditor’s right to seek an immediate writ of posses-

sion. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 469 S.E.2d 222, 1996 Ga. App. LEXIS 417 (1996).

RESEARCH REFERENCES Am. Jur. 2d. 69 Am. Jur. 2d, Secured Transactions, §§ 590-606, 607-614. C.J.S. 14 C.J.S., Chattel Mortgages, §§ 185, 405. ALR. 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.

Notes of Decisions

Cited in 6 cases, 1986–2017 · leading case: Stanley v. Hart, 562 S.E.2d 186 (Ga. Ct. App. 2002).

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Stanley v. Hart, 562 S.E.2d 186 (Ga. Ct. App. 2002). · cites it 2× “On October 23, 1998, Stanley filed a petition for a writ of immediate possession pursuant to OCGA § 44-14-261, averring that Hart “justly and truly” owed him $57,500 and that Hart had ceased operating the restaurant and might convert or remove the secured property from the…”

Analytical Sys., Inc. v. ITT Com. Fin. Corp., 696 F. Supp. 1469 (N.D. Ga. 1986). · cites it 4× “See O.C.G.A. § 44-14-261 to -263. Case law involving the analogous circumstances of a writ of possession issued pursuant to a judgment provides further guidance to the question of valid or void process.”

Washington State Employees Credit Union v. Robinson, 427 S.E.2d 15 (Ga. Ct. App. 1992). · cites it 2× “OCGA § 44-14-261 provides that “No [writ of immediate possession] shall issue on an interest arising out of a consumer transaction.”

Deutz-Allis Credit Corp. v. Phillips, 360 S.E.2d 29 (Ga. Ct. App. 1987). · cites it 2× “The petition, presented pursuant to OCGA § 44-14-261, sought only immediate possession of a tractor purchased by E.”

Flateau v. Reinhardt, Whitley & Wilmot, 469 S.E.2d 222 (Ga. Ct. App. 1996). · cites it 2× “See OCGA § 44-14-261; Deutz-Allis Credit Corp.”

Triple C Flatbed Holdings, LLC v. Ryder Truck Rental, Inc. (Ga. Ct. App. 2017). · cites it 2× “See OCGA § 44-14-261. That same day, upon finding that, inter alia, Ryder owned the vehicles, Triple C possessed the vehicles; and it was within Triple C’s power to conceal, waste, encumber, convert or remove the leased vehicles from the court’s jurisdiction, the trial court…”

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.