O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-12-138 (2019)

Judgments to which article applies

✓ 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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This article shall apply to foreign judgments of other states only if those states have adopted the ‘‘Uniform Enforcement of Foreign Judgments Act’’ in substantially the same form as this article.

History

(Code 1981, § 9-12-138, enacted by Ga. L. 1986, p. 380, § 1.)

Annotations

CHAPTER 13 EXECUTIONS AND JUDICIAL SALES Sec.

Article 1 General Provisions Sec.

Entry and signing of judgment prerequisite to execution. Execution suspended by appeal. Execution to follow judgment. Judge may frame executions. Amendment of execution - To conform to judgment or time of return. Amendment of execution - To conform to amended judgment. Amendment of execution - To correct mistake in issuance; alias execution. Issuance of alias execution to replace lost original. When execution returnable. Issuance of execution; to whom directed; on what property levied. Direction, levy, service, and return of execution when sheriff a party. Entry of levy on process. Written notice of levy on land. Bonds taken by executing officers valid; rights of plaintiffs not affected. Measure of damages on forthcoming bond. Penalty for fraudulent levy. Article 2

Article 3 Property Against Which Execution Levied

Parties in Execution

Execution against sureties and endorsers. Execution against principal and his surety on appeal. Execution following death of defendant. Executions using partnership name valid. Right to transfer execution; status of transferee.

Effect of transfer by attorney; ratification. Transfer of execution upon payment; status of transferee; recording necessary to preserve lien; exception for tax executions.

Designation by defendant of property to be levied on; when sheriff bound thereby. Sale of property subject to lien; order of application to payment. When sheriff may levy on and sell land outside county. When constable may levy on land; sale by sheriff. When growing crop levied on and sold. Seizure prerequisite to sale of personalty. Future interests in personalty. Choses in action. Corporation’s disclosure of worth of defendant’s shares mandated; refusal treated as contempt. What property liable to execution in action against joint contractors or partners when not all served. Taking up of debt to give defendant legal title to property; notice of levy and sale; application of proceeds. Article 4

Satisfaction or Discharge of Judgment and Execution

Suspension of execution for 60 days pending payment; bond. Sufficient levy on personalty

Sec.

prima-facie satisfaction; effect of dismissal. Release of property subject to execution. Application of fund to younger lien with senior lienholder’s consent. Release by agreement. Setoff of judgments; collection of balance. Execution by defendant after setoff. Control of execution after payment - By security. Control of execution after payment - By joint debtor. Partial payments to be entered. Execution to be canceled when satisfied; private right of action; damages.

Sec.

Article 6 Illegality

Article 5

Claims

Claims authorized; to be on oath. Bond and security for damages; how damages determined. Affidavit of indigence. Postponement of sale. Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable. Execution of affidavit and bond by partner or joint owner. When plaintiff in execution may give forthcoming bond. Sale of property on claimants’ application; order; advertisement; disposition of proceeds. When and where claim, levy, and execution to be returned. Return of claim or illegality against execution from probate court. Claim to be tried by jury. Additional oath of jurors; damages and costs when claim made for delay.

Burden of proof. Withdrawal or discontinuance of claim limited. Trial of damage issue where claim dismissed or withdrawn. How damages assessed. Withdrawal of original execution and filing of copy.

Affidavit of illegality - When authorized; bond and security. Affidavit of illegality - To show lack of service; not available to go behind judgment. Affidavit of illegality - Not available for excessive levy generally. Affidavit of illegality - By whom filed. Affidavit of illegality - When received. Affidavit of illegality - When and how amendable. Amount and condition of forthcoming bond. Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury. Damages for delay; procedure following dismissal or withdrawal of illegality. Property subject to other executions; retention of sale proceeds to satisfy first execution; release of bond pro tanto. Article 7 Judicial Sales PART 1 ADVERTISEMENT

How judicial sales advertised; description of property; advertisement and sale of livestock. Timing of advertisements. Requirements for official or-

Sec.

Sec.

Time of conducting public sale.

Notes of Decisions
Cited in 7 cases, 1995–2004 · leading case: Okekpe v. Com. Funding Corp., 463 S.E.2d 23 (Ga. Ct. App. 1995).
Sort: Relevance Newest Treatment
Okekpe v. Com. Funding Corp., 463 S.E.2d 23 (Ga. Ct. App. 1995). · cites it 4× “OCGA § 9-12-138. When it applies, however, "[a]ny litigation ensuing is limited to that which is afforded any other Georgia judgment.”
Arrowhead Alternator, Inc. v. CIT Commc'ns Fin. Corp., 602 S.E.2d 231 (Ga. Ct. App. 2004). · cites it 2× “SeeOCGA§ 9-12-138. The trial court then issued a separate judgment on October 20, 2003, ordering Arrowhead to pay CIT $65,626.”
P. G. L. & C. C. Employees Credit Union v. Kimball, 470 S.E.2d 501 (Ga. Ct. App. 1996). · cites it 4× “OCGA § 9-12-138 provides that Georgia’s Uniform Enforcement of Foreign Judgments Law (UEFJL) “shall apply to foreign judgments of other states only if those states have adopted the ‘Uniform Enforcement of Foreign Judgments Act’ in substantially the same form as this article.”
Dep't of Human Resources v. Fenner, 510 S.E.2d 534 (Ga. Ct. App. 1998). · cites it 2× “” OCGA § 9-12-138. Because Connecticut has enacted a statute entitled “Uniform Enforcement of Foreign Judgments” in substantially the same form as that enacted by Georgia, see Conn.”
Williams v. Am. Credit Servs., Inc., 495 S.E.2d 121 (Ga. Ct. App. 1997). · cites it 2× “OCGA § 9-12-138; see P. G. L. & C. C. Employees Credit Union v.”
Sundman v. Faris, 561 S.E.2d 442 (Ga. Ct. App. 2002). · cites it 2× “…to OCGA § 9-12-130 et seq. since California has not adopted the Uniform Enforcement of Foreign Judgments Act. OCGA § 9-12-138.”
Thompson v. Potomac River Front Ltd. P'ship, 458 S.E.2d 390 (Ga. Ct. App. 1995). · cites it 2× “Thompson maintains that OCGA § 9-12-138 restricts the application of the UEFJL in this case.”
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.