O.C.G.A. § 44-14-382 (2019)
When laborers’ liens arise; priority of conflicting liens
Liens of laborers shall arise upon the completion of the contract of labor but shall not exist against bona fide purchasers without notice until they have been reduced to execution and levied on by an officer. Laborers’ liens which conflict with each other shall rank according to date, each dating from the completion of the contract of labor.
History
Ga. L. 1873, p. 42, § 4; Code 1873, § 1976; Code 1882, § 1976; Civil Code
1895, § 2794; Civil Code 1910, § 3339; Code 1933, § 67-1803.
Annotations
JUDICIAL DECISIONS Section has no extraterritorial effect. - O.C.G.A. §§ 44-14-320, 44-14380, and 44-14-382 give to laborers a general lien upon the property of their employers for labor performed, have no extraterritorial effect, and give no lien arising out of a contract for labor, made in another state and executed by labor performed therein. Downs v. Bedford, 39 Ga. App. 155, 146 S.E. 514, 1929 Ga. App. LEXIS 231 (1929). Bona fide purchaser prevails. - A bona fide purchase of personalty in payment of an antecedent debt, before the property was seized under the levy of a laborer’s general lien, will prevail over such lien. F & M Bank v. Redden, 17 Ga. App. 473, 87 S.E. 701, 1916 Ga. App. LEXIS 707 (1916). Laborer’s lien prevails over prior general rent lien. - O.C.G.A. § 44-14382 does not, where the laborer’s lien is not reduced to execution and levy until after the creation of a landlord’s general lien for rent, deny to the laborer’s general lien its superior dignity to the landlord’s general lien for rent. That section merely denies to a laborer’s lien its superiority as against a bona fide purchaser before the lien has been reduced to execution and
levy. Little v. Walters, 40 Ga. App. 447, 150 S.E. 201, 1929 Ga. App. LEXIS 192 (1929). Completion must be alleged in affidavit. - An affidavit to foreclose a laborer’s lien must show affirmatively that the contract of labor has been completed. Brantley v. Rayburn, 61 Ga. 211, 1878 Ga. LEXIS 77 (1878); McDonald v. Night, 63 Ga. 161, 63 Ga. 162, 1879 Ga. LEXIS 144 (1879); Harvey v. Lewis, 19 Ga. App. 655, 91 S.E. 1052, 1917 Ga. App. LEXIS 289 (1917). Payment presumed due when contract completed absent contrary agreement or custom. - Where a contract involving goods and services is involved, and no stipulation to the contrary is included therein, and no custom to the contrary proved in evidence, payment will be presumed due when the contract is completed. Luckie v. Max Wright, Inc., 90 Ga. App. 243, 82 S.E.2d 660, 1954 Ga. App. LEXIS 674 (1954). No right to enforce lien absent sufficient reason for not completing contract. - One is not entitled to enforce a laborer’s lien unless the laborer is for sufficient legal reason prevented from carrying out the contract. Payne v. Norris, 88
Ga. App. 850, 78 S.E.2d 351, 1953 Ga. App. LEXIS 1225 (1953). Completion prevented by other party. - While, ordinarily, before a laborer’s lien can be foreclosed, the laborer must have fully completed the contract, yet, where the laborer is prevented from doing so by the other party to the contract, the actual completion of the contract is not necessary. Cluff v. Merchants’ & Mechanics’ Bank, 40 Ga. App. 299, 149 S.E. 300, 1929 Ga. App. LEXIS 138 (1929). Where before the end of the year for which a farm laborer is employed, but after the maturity of the crops, the landlord turns the crops over to a third person,
a creditor, to be gathered by such third person, it is not necessary for the laborer to wait until the end of the year to foreclose the laborer’s lien. Cluff v. Merchants’ & Mechanics’ Bank, 40 Ga. App. 299, 149 S.E. 300, 1929 Ga. App. LEXIS 138 (1929). The burden is upon the laborer to show that the labor contract has been completed. Houser v. Cooper, 102 Ga. 823, 30 S.E. 539, 1898 Ga. LEXIS 769 (1898). For example of case where cropper abandoned cultivation. See Payne v. Trammell, 29 Ga. App. 475, 115 S.E. 923, 1923 Ga. App. LEXIS 76 (1923).
RESEARCH REFERENCES Am. Jur. 2d. 51 Am. Jur. 2d, Liens, §§ 9, 11, 12, 22, 23, 68-70, 75. C.J.S. 53 C.J.S., Liens, §§ 4, 14. ALR. Character of service contemplated by statutes giving a lien or preference, in
event of insolvency, to servants, employees, laborers, etc., 54 A.L.R. 567; 142 A.L.R. 362. Right or interest subject to, and priority of, statutory lien for labor or material in developing property for oil and gas, 122 A.L.R. 1182.
PART 5 PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES RESEARCH REFERENCES ALR. Right of a factor, commission merchant, or produce broker to sell property to protect advances, 40 A.L.R. 387. Other debts or liabilities within contemplation of pledge to secure particular debt
and other debts or liabilities to pledgee, 87 A.L.R. 615. Warehouseman’s or bailee’s lien on property stored by officer who had seized it under attachment or execution, 95 A.L.R. 1529.