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2018 Georgia Code 44-14-263 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 7 FORECLOSURE

44-14-263. Bond or waiver required.

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.

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

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).

Attorneys' fees.

- There is no statutory provision providing for recovery of attorneys' fees in suits involving immediate writs of possession. Solomon Refrigeration, Inc. v. Osburn, 148 Ga. App. 772, 252 S.E.2d 686 (1979).

Cited in Sumner v. Adel Banking Co., 244 Ga. 73, 259 S.E.2d 32 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 69 Am. Jur. 2d, Secured Transactions, § 734.

C.J.S.

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

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