O.C.G.A. § 44-14-300 (2019)
Amount of mortgage; filing of affidavit; execution
Any person having a mortgage on personal property to secure a debt not exceeding $100.00 in principal and desiring to foreclose the mortgage may, by himself, his agent, or his attorney, make an affidavit of the amount of the principal and the interest due on the mortgage, which affidavit shall be annexed to the mortgage. When the mortgage or verified copy with the affidavit annexed thereto shall be filed with any magistrate in the county where the mortgagor resides, if a resident of this state, or, if not a resident of this state, in the county where the mortgaged property is located, it shall be the duty of the magistrate to issue an execution directed to all and singular the sheriffs, the mar651
shals, their deputies, and the constables of this state commanding the sale of the property to satisfy the principal, the interest, and the costs of the proceedings to foreclose the mortgage.
History
Ga. L. 1878-79, p. 152, § 1; Code 1882, § 3974a; Ga. L. 1882-83, p. 67, § 1; Civil
Code 1895, § 2760; Civil Code 1910, § 3293; Code 1933, § 67-901; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 44.
Annotations
JUDICIAL DECISIONS Concurrent jurisdiction with county court. - A county court has no jurisdiction to try and determine an issue made upon the foreclosure of a chattel mortgage and a counter-affidavit filed thereto, where the amount involved is less than $50.00. In such cases, the justice’s court of the district of the defendant’s residence has jurisdiction under O.C.G.A. § 44-14-300. Where the principal sum secured does not exceed $100.00, but is more than $50.00, the two courts have concurrent jurisdiction. Aycock v. Subers, 73 Ga. 807, 1884 Ga. LEXIS 236 (1884). Filing papers with justice. - Where an affidavit to foreclose a chattel mortgage and the mortgage itself have been handed to a justice of the peace, this is a sufficient “filing” of these papers with that officer.
Adams v. Goodwin, 99 Ga. 138, 25 S.E. 24, 1896 Ga. LEXIS 248 (1896). An annexation of an affidavit of foreclosure to the mortgage or a verified copy thereof is merely directory, and failure to annex affidavit does not void the writ of fieri facias issued pursuant thereto. Simpson v. Jones, 182 Ga. 544, 186 S.E. 558, 1936 Ga. LEXIS 486 (1936). Return to proper court. - Where a chattel mortgage was foreclosed in a justice’s court under O.C.G.A. § 44-14-300, and upon the levying of the execution issued thereunder a claim was interposed, it was properly returned to the court where the foreclosure took place and whence the execution issued. Ridling v. Stewart, 77 Ga. 539, 1886 Ga. LEXIS 361 (1886).
RESEARCH REFERENCES Am. Jur. 2d. 69 Am. Jur. 2d, Secured Transactions, §§ 572 et seq., 637 et seq. C.J.S. 14 C.J.S., Chattel Mortgages, §§ 355359, 364, 398, 412-422, 425. ALR. Chattel mortgagee’s failure to pursue proper course after taking possession as
affecting personal liability of mortgagor, 47 A.L.R. 582. Purchase by pledgee of subject of pledge, 76 A.L.R. 705; 37 A.L.R.2d 1381. Bankruptcy court’s injunction against mortgage or lien enforcement proceedings commenced, before bankruptcy, in another court, 40 A.L.R.2d 663.