O.C.G.A.

O.C.G.A. § 44-14-282 (2019)

Levy and sale following execution and recording of bill of sale to defendant; priorities; disposition of proceeds

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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When any judgment has been or shall be rendered in any court of this state upon any note or other evidence of debt given for the purchase money of personal property and where the title for the property has been retained in the vendor, it shall be lawful for the holder of the note or other evidence of debt in which title is retained to make, file, and have recorded in the office of the clerk of the superior court where the defendant resides a bill of sale to the defendant for the personal property or, if he is dead, to his executor or administrator or, if there is no executor or administrator, to the heirs of the deceased; and, if the holder of the note or other evidence of debt in which title is retained is dead, his executor or administrator may in like manner make and file such bill of sale without obtaining an order of the court for that purpose. Upon the filing of the bill of sale, the personal property may be levied on and sold under such judgment as in other cases; provided, however, that the judgment shall take and be a lien upon the personal property and the proceeds of the sale thereof, prior to all other judgments, claims, liens, and other encumbrances, until the judgment shall be fully paid and satisfied.

History

Ga. L. 1887, p. 62, § 1; Code 1933, § 67-1603. History of Section. This Code section is derived from the

decision in Jordan Mercantile Co. v. Brooks, 149 Ga. 157, 99 S.E. 289 (1919).

Annotations

History of section. - This section is derived from the decision in Jordan Mercantile Co. v. Brooks, 149 Ga. 157, 99 S.E. 289 (1919).

JUDICIAL DECISIONS

Cited in Spence v. Sterchi Bros. Stores, 52 Ga. App. 321, 183 S.E. 128 (1935); Long Tobacco Harvesting Co. v. Brannen, 98 Ga. App. 142, 105 S.E.2d 390 (1958); Hatley v. Frey, 145 Ga. App. 658, 244 S.E.2d 604 (1978).

RESEARCH REFERENCES

Am. Jur. 2d. - 69 Am. Jur. 2d, Secured Transactions, § 575.

C.J.S. - 14 C.J.S., Chattel Mortgages, § 342.

ALR. - Priority as between lien for repairs and the like, and right of seller under conditional sales contract, 36 A.L.R.2d 198.

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Subpart 4 Foreclosures in Magistrate Court

RESEARCH REFERENCES

ALR. - Right to attorneys' fees on enforcing chattel mortgage, 63 A.L.R. 1314.