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2018 Georgia Code 44-14-269 | 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

44-14-269. Default judgment.

Upon the failure of the defendant to appear and answer within the time provided in Code Section 44-14-267, if the service on the defendant was made in such a manner as to comply with Code Section 9-11-4, a default judgment shall be entered against the defendant for the full amount of the petitioner's claim.

(Code 1933, § 67-717, enacted by Ga. L. 1975, p. 1213, § 3.)

JUDICIAL DECISIONS

O.C.G.A. § 44-14-269 deals with petitions for immediate writ of possession and is inapplicable to a proceeding dealing with a petition for a writ of possession under O.C.G.A. § 44-14-230. Spencer v. Taylor, 144 Ga. App. 641, 242 S.E.2d 308 (1978).

O.C.G.A. § 44-14-269 only applies to immediate writs of possession under O.C.G.A. § 44-14-260 et seq., which sections pertain alone to commercial transactions, and not to consumer transactions, as those terms are defined in O.C.G.A. § 44-14-260. Porter v. Midland-Guardian Co., 242 Ga. 1, 247 S.E.2d 743 (1978).

Cited in Wallace v. Aetna Fin. Co., 137 Ga. App. 580, 224 S.E.2d 517 (1976); Porter v. Midland-Guardian Co., 145 Ga. App. 262, 243 S.E.2d 595 (1978).

RESEARCH REFERENCES

C.J.S.

- 14 C.J.S., Chattel Mortgages, § 411.

Subpart 3 Foreclosures on Bills of Sale or Contracts Retaining Title

RESEARCH REFERENCES

ALR.

- Rights as between conditional seller and one claiming under or through sale or mortgage by buyer which is subject to the seller's reservation of title, 87 A.L.R. 941.

Rights in proceeds of vehicle collision policy, under "loss-payable" clause, of conditional seller, chattel mortgagee, or the like, of vehicle where there has been improper repossession or foreclosure after the damage, 46 A.L.R.2d 992.

Relative rights as between assignee of conditional seller and a subsequent buyer from the conditional seller after repossession or the like, 72 A.L.R.2d 342.

Sufficiency of description in chattel mortgage as covering all property of a particular kind, 2 A.L.R.3d 839; 30 A.L.R.3d 9; 25 A.L.R.5th 696.

Specific performance of land contract notwithstanding failure of vendee to make required payments on time, 55 A.L.R.3d 10.

Equipment leases as security interest within Uniform Commercial Code sec. 1-201(37), 76 A.L.R.3d 11.

Sufficiency of address of debtor in financing statement required by UCC sec. 9-402(1), 99 A.L.R.3d 807.

Sufficiency of address of secured party in financing statement required under UCC sec. 9-402(1), 99 A.L.R.3d 1080.

Sufficiency of description of collateral in financing statement under UCC secs. 9-110 and 9-402, 100 A.L.R.3d 10.

What is "commercially reasonable" disposition of collateral required by UCC sec. 9-504(3), 7 A.L.R.4th 308.

Sufficiency of secured party's notification of sale or other intended disposition of collateral under UCC sec. 9-504(3), 11 A.L.R.4th 241.

Construction and effect of "future advances" clauses under UCC Article 9, 90 A.L.R.4th 859.

No results found for Georgia Code 44-14-269.