O.C.G.A.
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.
At any time prior to the sale or other final disposition of the property by the levying officer or petitioner as provided for under Code Section 44-14-236 but no later than 30 days after service as provided for under Code Section 44-14-265, the defendant may appear and file any legal or equitable defense or counterclaim to the petitioner’s claim for a writ of immediate possession. After the filing of such defense or counterclaim, a trial of any issue requiring a trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.
History
Code 1933, § 67-715, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1982, p. 3, § 44.
Annotations
RESEARCH REFERENCES C.J.S. 14 C.J.S., Chattel Mortgages, § 400. ALR. Right of mortgagee lawfully in posses-
sion, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.
Notes of Decisions
Deutz-Allis Credit Corp. v. Phillips, 360 S.E.2d 29 (Ga. Ct. App. 1987).
· cites it 2× “No response was filed and, pursuant to petitioner’s motion purportedly under OCGA §§ 44-14-267 and 44-14-269, a money judgment was entered April 27, 1983, and reduced to a sum certain by a second judgment order entered September 28, with no mention made of the writ of possession.”
Flateau v. Reinhardt, Whitley & Wilmot, 469 S.E.2d 222 (Ga. Ct. App. 1996).
· cites it 2× “See OCGA § 44-14-267. (c) There is no merit in plaintiffs’ argument that the petition for the writ was defective on its face.”
Mathis v. River City Bank, 731 S.E.2d 788 (Ga. Ct. App. 2012).
· cites it 8× “The Bank moved to dismiss the Mathises’ answer and counterclaim, arguing that it was untimely filed under OCGA § 44-14-267. The trial court granted the Bank’s motion to dismiss.”
Christopher Mathis v. River City Bank (Ga. Ct. App. 2012).
· cites it 8× “The Bank moved to dismiss the Mathises’ answer and counterclaim, arguing that it was untimely filed under OCGA § 44-14-267. The trial court granted the Bank’s motion to dismiss.”
Triple C Flatbed Holdings, LLC v. Ryder Truck Rental, Inc. (Ga. Ct. App. 2017).
· cites it 2× “When it granted the writ of immediate possession and order for temporary injunctive relief, the trial court had not considered or ruled upon any of the defenses Triple C raised in its answer to Ryder’s claim for a writ of immediate possession.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.