Syfert Injury Law Firm
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Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448At 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.
(Code 1933, § 67-715, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1982, p. 3, § 44.)
Cited in Bank of S. v. Hammock, 140 Ga. App. 552, 231 S.E.2d 407 (1976); Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 680 (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); Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980); Golden v. Gray, 156 Ga. App. 596, 275 S.E.2d 162 (1980).
- 14 C.J.S., Chattel Mortgages, § 400.
- Right of mortgagee lawfully in possession, 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.
No results found for Georgia Code 44-14-267.