O.C.G.A.

O.C.G.A. § 48-4-3 (2019)

Duties of levying officers

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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The tax collector or tax commissioner may place his executions in the hands of any constable of the county, who shall be authorized to collect or levy the executions in any part of the county. The constable or other levying officer to whom the tax collector or tax commissioner delivers the tax executions for collection shall proceed promptly to enforce by levy and sale the collection of the executions. The levying or collecting officer shall make prompt settlements with the tax collector or tax commissioner and in no event shall be allowed longer than 90 days from the time the executions are placed in his hands within which to make final settlement with the tax collector or tax commissioner and return to the tax collector or tax commissioner the tax collected and the uncollected executions with proper entries on the executions. Any constable or other levying officer who fails or refuses to make a final return or settlement within the time provided in this Code section shall forfeit all costs due him on the executions and shall be subject to be ruled before any court of competent jurisdiction and made to account as required by this Code section.

History

Orig. Code 1863, § 812; Code 1868, § 892; Code 1873, § 889; Code 1882, § 889; Civil Code 1895, § 906; Ga. L. 1899, p. 26, § 1; Civil Code 1910, § 1166; Code 1933, § 92-8104; Code 1933, § 91A403, enacted by Ga. L. 1978, p. 309, § 2.

Annotations

Editor’s notes. For application of this statute in 2020

and 2021, see Executive Orders 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.

JUDICIAL DECISIONS Marshal of the municipal court of Columbus has authority to conduct tax sales. Percy Wilson Mtg. & Fin. Corp. v. Sizemore, 167 Ga. App. 211, 305 S.E.2d 903, 1983 Ga. App. LEXIS 2471 (1983). Constable not treated as officer of a particular court or district. - Constable is not treated as the officer of a particular justice’s court or limited to making a levy within the constable’s district, but the tax collector may place the fieri facias in the hands of any one constable of the county, who shall be authorized to collect or levy the same in any part of the county. Winn v. Butts, 127

Ga. 385, 56 S.E. 406, 1907 Ga. LEXIS 274 (1907). Order in which parcels of realty levied on. - Before levy upon property in a house and lot, indivisible, and of great value, to pay city taxes, the marshal of the city should exhaust smaller and less valuable parcels assessed by the city at more than enough to pay double the tax fieri facias levied. But if the sale be postponed at the instance of, and assented to by, the defendant in fieri facias the defendant cannot attack the levy as excessive. Jones v. Johnson, 60 Ga. 260, 1878 Ga. LEXIS 433 (1878).

RESEARCH REFERENCES Am. Jur. 2d. 72 Am. Jur. 2d, State and Local Taxation, §§ 620, 621, 769 et seq. ALR. Payment of tax or redemption from tax

sale by public officer for benefit of owner, 66 A.L.R. 1035. Provisions of tax statute as to time for performance of acts by boards or officers as mandatory or directory, 151 A.L.R. 248.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1983–2026 · leading case: Vesta Holdings, LLC v. Freeman, 632 S.E.2d 87 (Ga. 2006).

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Vesta Holdings, LLC v. Freeman, 632 S.E.2d 87 (Ga. 2006). · cites it 2× “1 On April 7, 2003, in accordance with OCGA § 48-4-3, Vesta placed the tax executions in the hands of the Sheriff of Fulton County for levy and sale.”

Percy Wilson Mortg. & Fin. Corp. v. Sizemore, 305 S.E.2d 903 (Ga. Ct. App. 1983). · cites it 2× “§ 91A-403) provides in relevant part: “The tax collector or tax commissioner may place his executions in the hands of any constable of the county, who shall be authorized to collect or levy the executions in any part of the county.”

Eddie Denhardt v. Wells Fargo Bank N.A. (11th Cir. 2026). “Here, the property had not been redeemed when Wells Fargo claimed entitlement to the excess funds as the secured lender, creating an issue not presented in DLT List: whether, apart from any lien provided under O.C.G.A. § 48-4-3, a security deed holder’s interest in real property…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.