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2018 Georgia Code 44-7-76 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 7. Landlord and Tenant, 44-7-1 through 44-7-119.

ARTICLE 4 DISTRESS WARRANTS

44-7-76. Bond; determination of amount; effect of approval on alienability of property.

In all cases where the tenant may desire to transfer, remove, or convey any of his property after the service of summons, the tenant shall post bond with good security for a sum equal to the value of the property or the amount of the rent alleged to be due, whichever is less, to be estimated by the judge, for the delivery of the property at the time and place of sale if the property shall be found subject to such rent. Upon the approval of the bond by the judge, the tenant may convey, transfer, or remove his property without restriction.

(Laws 1811, Cobb's 1851 Digest, p. 900; Code 1863, § 5103; Code 1868, § 4012; Code 1873, § 4083; Code 1882, § 4083; Ga. L. 1894, p. 51, § 1; Civil Code 1895, § 4819; Civil Code 1910, § 5391; Code 1933, § 61-404; Code 1933, § 61-411, enacted by Ga. L. 1975, p. 1514, § 2.)

JUDICIAL DECISIONS

Purpose of the bond is to insure the delivery of the property at the time and place of sale by the officer of the court in case the landlord obtains a judgment in the action. D. Jack Davis Corp. v. Karp, 175 Ga. App. 482, 333 S.E.2d 685 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 615 et seq.

C.J.S.

- 52A C.J.S., Landlord and Tenant, § 1273.

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