O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-14-263 (2019)

Bond or waiver required

✓ 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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The petition for an immediate writ of possession shall be accompanied by a waiver, as defined in Code Section 44-14-260, or the petitioner shall furnish a bond in the amount of the petitioner’s claim for the payment of damages which the defendant may sustain if the writ is obtained wrongfully.

History

Code 1933, § 67-711, enacted by Ga. L. 1975, p. 1213, § 3.

Annotations

JUDICIAL DECISIONS Not available to defendant. - A defendant, as against a plaintiff (i.e., by counterclaim), cannot utilize the provisions of O.C.G.A. § 44-14-263. Solomon Refrigeration, Inc. v. Osburn, 148 Ga. App.

772, 252 S.E.2d 686, 1979 Ga. App. LEXIS 1653 (1979). Attorneys’ fees. - There is no statutory provision providing for recovery of attorneys’ fees in suits involving immedi-

ate writs of possession. Solomon Refrigeration, Inc. v. Osburn, 148 Ga. App. 772,

252 S.E.2d 686, 1979 Ga. App. LEXIS 1653 (1979).

RESEARCH REFERENCES Am. Jur. 2d. 69 Am. Jur. 2d, Secured Transactions, § 734.

C.J.S. 14 C.J.S., Chattel Mortgages, §§ 229, 233.

Notes of Decisions
Cited in 2 cases, 1988–1996 · leading case: Flateau v. Reinhardt, Whitley & Wilmot, 469 S.E.2d 222 (Ga. Ct. App. 1996).
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Flateau v. Reinhardt, Whitley & Wilmot, 469 S.E.2d 222 (Ga. Ct. App. 1996). · cites it 2× “There is no merit in plaintiffs’ argument that the bond that was furnished pursuant to the requirements of OCGA § 44-14-263 was void. Although it named Al-Temp as the principal, it was executed by Means in effect as agent for Al-Temp.”
Gray v. Brooks, 376 S.E.2d 722 (Ga. Ct. App. 1988). · cites it 2× “As appellants did not raise the issue in the court below that *562 appellee failed to file a bond pursuant to the provisions of OCGA § 44-14-263, it cannot be considered by this court for the first time on appeal.”
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.